Practical tip: objections

Long ago, I took a tip from civil practitioners in the Equity Division of the Supreme Court. They do all their evidence in chief by affidavit, and it is therefore common practice to file and serve a list of objections before the hearing. But there is no reason for not sitting down with the brief, and preparing a table like the one below in every proceeding:

The benefit is that then, you can use that to remind you of the basis of the objection, when that evidence is given orally. I have tried it, and it makes you seem like an evidence expert.

Similarly, you can use such a table as the basis for a quick discussion with your opponent before a hearing, with a view to getting things knocked out. Then you don’t have to trouble the judge about it. In fact, this has been a common requirement imposed at pre-trial readiness hearings in criminal matters.

It buys a bit of credibility with HH, who doesn’t have to hear submissions and make decisions, and allows everyone to focus on the real issues. You could use it in representations as well.