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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 782
Experience:  Solicitor with over 15 years experience.
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I am 2 days from trial. I am a litigant in person. I have

Resolved Question:

I am 2 days from trial. I am a litigant in person.
I have just realised from the trial bundle, the defendant is to be represented by counsel, however I feel it is imperative she appears in person. She is 89 yrs old. Do I make application to the court today, or wait till trial and ask she appear in person? At the PTR I did voice my wish the defendant appears in person, so I do not think it will be 'news' to the Judge.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

I am afraid you have no right to stop her being represented at court. She will still be present (in the vast majority of cases) bu tof she chooses to be represented by counsel or a solicitor that is her right.

Customer:

Can I ask the Judge to adjourn the trial until she is able to be there, as she is the only one that I can truly rely on 'under oath' to answer my questions?

Customer:

She has made a witness statement that I need her to respond to, not her barrister.

LondonlawyerJ :

Ih she is a witness who has made a statement then she will be there for you to cross examine if necessary. If she isn't there and her evidence is not agreed by you the Judge will very likely adjourn the case for her to be present. Being represented by Counsel does not mean she will not be there just that she now has a lawyer to ask questions on her behalf and to make legal submissions to the court.

Customer:

I am pretty sure the solicitors will state her 'as unwell and unable to travel' so am I right in thinking I can ask the Judge to adjourn until she is able to attend?

Customer:

Also, I submitted in my Standard Disclosure a CD together with the transcript, but the trial bundle only shows the transcript. When I questioned this and stated I wish the recording to be seen, the solicitors said they thought it unclear and would be a waste of court time. If I want it shown I must arrange with court staff to have equipment available. To do this do I simply phone the court? or could I provide a 'laptop' in court? Do I have to make application and pay for it?

LondonlawyerJ :

Which court are you in?

Customer:

Civil Multitrack

LondonlawyerJ :

You should check with the court admin what facilities they have but should take a laptop to court as well.

Customer:

After a witness has finished on the stand, what do I say if I wish to recall them? The trial is in Civil Court Multi track, do the witnesses stay in the court room throughout? or do they stay outside? When does the Judge see the 'without prejudice' information?

LondonlawyerJ :

You need to make sure that you ask all that you want to ask them before they leave court as they will be released at the end of ther evidence and it may be difficult an expensive to get them back again.

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 782
Experience: Solicitor with over 15 years experience.
LondonlawyerJ and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Which witnesses go first ?
Expert:  LondonlawyerJ replied 2 years ago.
The order of evidence is this. claimant witness of facts first, respondent witness of fact next, claimant exert witnesses second, respondent experts next.

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