Q&As
A trial has been listed for a four-day hearing. The claimant has three witnesses and the defendant has five. One of the claimant's witnesses is unable to attend the first two days of the hearing. Is an application to court for an order to change the usual timetable of the claimant's witnesses appearing first, then the defendant's witnesses, or can this be agreed between the parties, so that the witness who is unable to attend the first two days can appear on the third day?
In considering this question, the first place to look will be the cpr. These give some guidance regarding trial timetables generally, see CPR 39.4 which states that:
‘When the court sets a timetable for a trial in accordance with rule 28.6 (fixing or confirming the trial date and giving directions—fast track) or rule 29.8 (setting a trial timetable and confirming the trial date or week—multi-track) it will do so in consultation with the parties.’
CPR 39.4 provides some general guidance that, when the court sets a timetable for trial before
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