Lecture 6.1 - Pre-Trial Motions and Examination of Witnesses

What are pre-trial motions and why are they used?

Requests to narrow issues, resolve disputes, or dispose of the case before trial.

• Example: discovery motions, motion to dismiss, motions in limine. They streamline the trial and focus on contested issues.

When can the Court grant a Summary Judgement (U.S.)

When there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

• It avoids unnecessary trials when facts are undisputed.

When can a Court grant a Summary Judgement (UK)

CPR 24.2

• Court may grant a Summary Judgement if the claimant has no real prospect of success or the defendant has no real prospect of defending, and there is no other reason for trial.

What aspects of a case are controlled by the parties in the adversarial system?

Case framing, choice of evidence and witnesses, pacing and litigation strategy. Encourages through preparation and competition to uncover truth.

What is the purpose of pre-trial discovery?

Allows parties to gather relevant facts from the opposing side, preventing trial by ambush and shaping trial strategy.

What are common tools of discovery?

• Depositions

• Interrogatories

• Requests for documents

• Requests for admissions

What is the role of judge in the adversarial system?

Ensure fairness, rules of motions/objections/evidence, manage procedure, provide jury instructions, and remain neutral (act as umpire).

Who leads the examination of witnesses in an adversarial trial?

The advocates (lawyers) for each side, not the judge.

• They are responsible for presenting and challenging evidence.

What is examination-in-chief (direct examination)?

When the party that called the witness questions them to introduce evidence in support of their case.

What is the purpose of cross-examination?

To test the witness’s credibility, challenge inconsistencies, and expose weaknesses in their testimony.

What is re-examination (redirect)?

Limited questioning by the calling party to clarify issues raised during cross-examination.

Why is advocate-led examination important in an adversarial system?

It ensures rigorous testing of evidence, allows both sides to challenge testimony, and places responsibility for developing facts on the parties rather than the court.