Trial. Yikes, did I forget something?

The scene is set. All pre-trial directions given by court have been met and trial dates have been fixed (physical presence required). You (as a junior practitioner or a pupil-in-chambers) are assisting counsel. ?

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Here are several aspects (some more vital than others) to give thought to prior to the first day (or subsequent days) of trial. ?

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1.????????????????? If you are representing the Plaintiff, always (always, always and did I forget to mention, always) prepare a copy of the relevant documents to be brought to court for purposes of placing it in the witness stand. ?

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2.????????????????? Prepare a list setting out the enclosure numbers, nature of documents and filing dates. Give that list to counsel for his / her reference without him / her asking.

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3.????????????????? Ensure that a full set of the relevant documents are saved in your laptop (or any mobile device with a relatively big screen) and that device’s battery is fully charged.

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4.????????????????? Be mindful of the requirements of the counsel (at the risk of flogging a dead horse, it is counsel (singular or plural)) whom you are assisting. Does he/she prefer hardcopy / softcopy of documents? Does he / she prefer you to be present for getting-up?. These are some of the myriad of scenarios that would exist. The best way to know? Ask.

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5.????????????????? Find out the cause list for the day of trial (https://ecourtservices.kehakiman.gov.my/CauseList). Sometimes trial may have been scheduled at 9.00 am but a check shows 10.00 am (as an example). In such a scenario, call court. After which, convey the information to counsel even before him / her asking. I can assure you, he / she will ask.

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6.????????????????? Know the judge and location of court i.e. which floor and which building / wing (depending on the court complex (if applicable)). Similar to the above, convey the information to counsel even before him / her asking.

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7.????????????????? If you happen to know friends who have had experience before the said judge, enquire about their experience. Thereafter, once again, convey the information to counsel.

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8.????????????????? Always have on hand (as a matter of precaution) the following (a list that is not exhaustive):-

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(a)?????????????? thumbdrive / flashdrive;

(b)?????????????? pens (at the very least black and blue);

(c)??????????????? blank and clean papers;

(d)?????????????? stapler and stapler bullets;

(e)?????????????? paper clips; and

(f)???????????????? highlighters.

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9.????????????????? Discuss and arrange with counsel as to the time to be in court and whether counsel requires a lift.

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10.???????????? Ensure your mobile phone’s battery is fully charged. If that’s not possible, have a battery pack. ?

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11.???????????? Familiarise yourself with the contents of the relevant documents and in addition thereto the page numbers. Most importantly know as much as you can, about the case itself. ?

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12.???????????? If time permits and especially where the documents are voluminous, prepare a chronology of events. ???????

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You are all set for trial. I can assure you that counsel will be appreciative for the above.

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Stay tuned for the next article where I pen my thoughts when it’s the first day of trial.