How to Create a Civil Trial Bundle

IMPORTANT This information page is designed to be used by clients of John Antell who are to be represented by him at a civil trial in a court or tribunal. It is intended to be used only by clients who have entered into an agreement for the provision of legal services by John Antell and only in conjunction with specific advice to the individual client about their individual case. This information page should not be used by, or relied on, by anyone else. If you are not currently a client of John Antell you may want to obtain a quotation for representation at a forthcoming trial.

What is a Trial Bundle?

When there is a trial in a civil court or tribunal, the court/tribunal will refer to documents arranged in a Trial Bundle which is produced by one of the parties - usually the party bring the proceedings who, depending on the court/tribunal, may be called the Claimant or Applicant. In a Trial Bundle every page has a page number and the judge and each party at the hearing have identical copies of the Trial Bundle (if it is a tribunal with more than one judge or a judge and lay assessors/tribunal members then each will have a copy). There will be a hardcopy of the Trial Bundle in the witness box. When a witness is asked to look at a particular page in the copy of the bundle in the witness box, the parties and the judge can easily and quickly refer to the same page in their bundles.

As well as being paginated - having each page numbered consecutively - the Trial Bundle will also be Indexed. Despite its name, the Index in a bundle is not like the index of an ordinary book. An ordinary non-fiction book will have a table of contents at the front listing each section or chapter in the order it appears with the page number, and there will also be an index at the back listing alphabetically people, places, topics etc. with the page number where that person, place, or topic is referred to in the book. The Index of a Trial Bundle is not at all like an alphabetic index that you find at the end of a typical book. It is at the front and is really a table of contents, but is more detailed than the table of contents in the average book because it lists every document, not merely every section, in the Trial Bundle. Why is it called an Index? The word Index is actually an old word for a table of contents, rarely used in this sense now outside the legal context, but this is still its primary meaning when used by lawyers and judges.

In a hardcopy trial bundle the Index will be at the front and will list every document in order with its date and page number. In an eBundle PDF bookmarks also provide a kind of index but clickable Index pages should also, nonetheless, appear in the first few pages of the PDF so that hardcopy and PDF are the same.

Typical arrangement of sections in a Trial Bundle

The picture above shows a typical Trial Bundle. It starts with the Index which lists every document in the Trial Bundle. The purpose of the Index/bookmarks is, of course, to enable judges and lawyers to quickly find a document they are looking for in the bundle. It is important that the documents are arranged in the bundle in logical order so that the index/bookmarks (which, of course, list them in the same order) are easy to use - i.e. it should be possible to guess roughly where a document is likely to appear in the index/series of bookmarks so that, in most instances, it is not necessary to look all the way though a long index/series of bookmarks. So, after the Index, it is usual to arrange a Trial Bundle in the following sections:

Case Summary, Chronology, Directions and Orders etc. For a trial in the First-tier Tribunal (Property Chamber - Land Registration) the Case Summary issued by the Land Registry when the case was referred to the tribunal would be included in this section. Orders/letters issued by the court/tribunal giving directions for the conduct of the trial might be included if they might need to be referred to at the trial. Any Notices about evidence which a party has served - for example a Notice in which a party challenges the authenticity of a document the other party wishes to rely on - would also be in this section as might a Chronology document.

The title of this first section can be changed to a brief summary of the main types of document it contains. For example if there are no Notices and the directions are in letter rather than "order" form, and there is a Case Summary and an Agreed Chronology, it could be named Case Summary, Chronology and Directions.

Statements of Case - otherwise known as "pleadings". These are the documents drafted by each party's barrister which set out concisely, and often in a technical legal manner, what each party alleges.

Applicants' Witness Statements. Normally the Applicant's (or Claimant's) own witness statement first and then the Applicant's/Claimant's other witnesses in alphabetical order of witness surname or some other convenient order. If there are two or more statements from the same witness to be included in the trial bundle they should appear one after the other, the earlier one first.

Respondents' Witness Statements. Normally the Respondent's (or Defendant's) own witness statement first and then the Respondent's/Defendant's other witnesses in alphabetical order of witness surname or some other convenient order. If there are two or more statements from the same witness to be included in the trial bundle they should appear one after the other, the earlier one first.

Documentary Evidence. This is often the largest part of the Trial Bundle. Most trials are concerned with historical events so this section usually consists of documentary evidence which came into existence in the ordinary course of events in the past such as photos, letters, purchase orders, invoices, written agreements, emails etc. which help to prove or disprove a party’s case on an issue in dispute, usually arranged chronologically within a single section regardless of the document type, whether contract, purchase order, invoice, letter, email etc. so that the historical sequence of events can be appreciated.

Although the main emphasis in such cases is on a single section of documents in chronological order, in many cases there will, nevertheless, be a good reason for separating documents in some particular category into a separate section. For example sometimes photographs are included in chronological sequence with all the other documents in a single Documentary Evidence section, but sometimes it is more appropriate to have a separate section just for photos. it may depend on whether the photos show a series of changes over time or whether they show a largely static situation. Also, in a case concerning property, it may be appropriate to have formal title deeds in a section by themselves. So rather than having a single Documentary Evidence section there may be several documentary evidence sections like this:


Photos

Title Deeds

Other Documents

with the Other Documents section being the main chronological documentary evidence section.

If there is any video or audio evidence there would normally be a separate section containing a single-page placeholder for each video or audio file, containing the filename of the video/audio file so that the file can be located (e.g. on a USB stick) when it is required to be played at the trial. This separate section should be named in capitals - e.g. VIDEO AND AUDIO FILES so as to alter anyone looking briefly at the index that there is video/audio evidence in addition to the documents in the bundle.

Other cases where it might be appropriate to have a separate section for a certain group of evidential documents might include the situation where there are large number of bank statements to be included. For example if selected bank statements are included in the Bundle in order to prove that specific payments were made or received then those statements would be likely to be included in the main chronological section, but if a complete collection of bank statements for an account over a number of years are to be included in the Bundle (e.g. to show that a particular payment was never received or made or to show a pattern of regular receipts and payments, or some financial trend) then a separate section containing that set of bank statements in chronological order might be more appropriate.

A3 documents are often documents of a type (e.g. historical maps) which means that they merit being in a separate section and this incidentally makes their printing easier when producing the hardcopy, but if an A3 document should logically be inserted within a chronological run of A4 documents then that is what should be done notwithstanding that it will make printing the hardcopy slightly more complex.

Where documents have been referred to in Witness Statements as exhibits the appropriate exhibit mark for each document should be included at the start of the document description so that it appears in the index and bookmarks. Similarly where Statements of Case refer to documents served with them using a refence letter/number.

Duplication should be avoided so if, for example, two identical copies of a letter written from one party to another have been previously disclosed (one copy disclosed by each party) only one copy should be included in the documentary evidence section(s) - unless, of course, they are actually different - e.g. with one containing a significant annotation. This means that if a document is referred to as an exhibit by two witness statements both of the exhibit marks should be included at the start of the document description of the copy of the document which is included.

Generally Exhibit frontsheets should not appear in a chronological section just the documents themselves.

Most trials are concerned with historical events, so that it is appropriate to arrange at least the main run of documents in chronological order, but there are some type of cases where historical sequence plays little part. For example in an application to the Lands Chamber to modify a restrictive covenant to permit a development, the issue is likely to be the effect of the proposed development on the objector's property compared to the current situation- i.e. it is not a matter of historical chronology but of comparing the present to the likely future. In such a case documents would typically be organised in some other more helpful sequence.

Expert Reports. Reports by experts (e.g. engineer, surveyor) specifically for the trial would be in a separate section together with any appendices attached to the reports.

Generating draft Trial Bundle PDFs using Bundledocs

Setting up Documents in Bundledocs

You should, when you get to the stage of contemplating producing the Trial Bundle, have all the documents to be included (or potentially to be included) within a Bundledocs bundle and each document should have a Date Format of d MMM yyyy - or d MMM yyyy 'at' HH.mm for emails or d MMM yyyy 'at' HH.mm.ss for JPG photos. All documents should have the Use original document in bundle option unticked. Make sure that a Zoom Level of Inherit has been set in the bundle options.

Setting documents in Bundledocs to Include/Exclude

When the Trial Bundle PDF is created using Bundledocs, documents can be left out of the Trial Bundle, if neither party requires them to be included, by setting the Excluded option for those documents not to be included but, because the decision about what documents to include involves collaboration with the other side, and because they may be inefficient and things may run up to the wire, it is useful to have loaded every document which the other side might legitimately want to have included in the Trial Bundle. You can initially set Excluded for those documents you believe are not required but if the other side informs you that they require some to be included you can easily set the option to Included before the final Trial Bundle is generated and distributed.

Avoiding unnecessary duplication

As explained above, duplication should be avoided. You may have in Bundledocs one copy of a document disclosed by the other side and a second copy of the document which you yourself disclosed. There may be a further copy of the document in exhibit form with e.g. Page 4 of 6 Exhibit JJS1 imprinted at the bottom centre of the pages. In fact if the document is exhibited by both sides then there may be one copy imprinted with e.g. Page 4 of 6 Exhibit JJS1 and another copy of the same document imprinted with Page 4 of 6 Exhibit KRL3. Or perhaps the other side have provided an exhibit which is not imprinted. To decide which copy of a document should be set to Included, follow these guidelines:

  • For JPG photos the JPG itself will be in Bundledocs and if the image does not contain a date/time stamp there will also be a PDF document showing that photo image and metadata (including date/time taken) from the JPG. Include the copy showing the metadata which will also include a good quality image

  • For other photos (taken with a non-digital camera or perhaps taken with a digital camera but where only the print, not the original JPG, is available) if there is a copy imprinted with the Exhibit mark by which it is referred to by the person who took the photo (or at least who has the photo in their possession), Include that copy. If there is another copy which is clearer Include that copy as well

  • For other documents, if there is more than one copy in Bundledocs Include the best quality copy.

The quality of the copy is particularly important for photos and plans (particularly colour-coded plans) and it is worth spending a little time checking them carefully. But for documents such a typed letters where both copies are clearly readable it is not necessary to spend excessive time trying to decide which copy is best.

Whichever copy you Include, add all relevant exhibit marks to the beginning of the document description in Bundledocs for all Included copies. For example, if you include a copy of a photo with imprinted exhibit mark and another copy also (because it is clearer) add the exhibit mark to both copies and, if the photo is referred to with a different exhibit mark in another statement, include that exhibit mark at the start of the document description of both copies, like this

JJS3 PAJ12 ASC5 Letter Smith to Jones

It is good practice for each exhibit to consist of one document but if the other side have provided exhibits consisting of multiple documents, referring in their statements to documents by referencing the Exhibit mark and page number within the Exhibit, you should include the page number as well as the exhibit mark in the document description like this

JSR1p23 JJS3 PAJ12 ASC5 Letter Smith to Jones

Agreeing the content of the Trial Bundle with the other side - overview

The usual rule is that the Trial Bundle, provided to the court/tribunal, and both sides, in advance of the trial, must contain copies of all documents which the judge will be asked to consider during the trial (apart from skeleton arguments which are normally provided separately later by each party's barrister). Some people think that they can bring along to the trial copies of other documentary evidence as well but in general the courts/tribunals do not allow this. All copies of documentary evidence to be referred to by either side at the trial must be in the trial bundle (the court/tribunal might require you to bring the original documents, for which there are copies in the trial bundle, as well, but you can't generally rely on an original document if a copy is not in the trial bundle). If you discover at the last minute that something has been accidentally missed out of the trial bundle then the court/tribunal might give you special permission to use it but equally it might refuse or there might be a costs penalty so make sure every piece of evidence you want to be available for the judge to look at is in the Trial Bundle in the first place.

The court/tribunal rules and/or the court's/tribunal's order will require the parties to co-operate in the production of the trial bundle. One party (normally the Applicant or Claimant) has the responsibility for actually producing and delivering the bundle (as an eBundle and/or in the required number of hardcopies) but that party should ask the other party, in good time, what documents they wish to be included, and the other party should respond in good time.

The general rule is that any document which has previously been sent between the parties, and which either side wishes to be included in the Trial Bundle, should be included, neither side having a veto. Normally court/tribunal directions require each party, in the months leading up to the trial, to send various kinds of documents to the other party by certain deadlines. Typically proceedings commence with Statement of Case ("pleading") documents, then there will be a deadline for "disclosure of documents" - for the parties to send to each other copies of all evidential documents which they might wish to rely on at trial (and usually also other relevant documents whether or not they might wish to rely on them). Following that there will be a deadline for the parties to exchange signed witness statements. Invariably the rules provide that a party cannot insist on a document being included in a trial bundle unless it is a document which has previously been sent between the parties in accordance with the court's/tribunal's directions (or sent to the parties by the court/tribunal itself), and permission must be sought from the court/tribunal to include such a document in the trial bundle if the other side objects.

Note: The County Court (unlike the High Court and most tribunals) has rules, originally introduced before computers and photocopiers existed when all copying had to be done by hand, which allow a party, at the disclosure of documents stage, to initially provide just a list of documents with the onus being on the other side to request copies of documents on the list which they do not already have. In such a case you should always request copies of every document on the other side's disclosure list (except for documents, such a recent letters, which you are sure you already have copies of). If, for some reason, you failed to do this at the time the other side is, of course, entitled to produce a copy of any document which was on its disclosure list and require you to include it in the Trial Bundle.

However a party may legitimately object to the inclusion of a privileged document which the other party wishes to be included. A dispute is unlikely to arise regarding the inclusion of a document subject to legal advice privilege or litigation privilege because if the party whose document it is is preparing the Trial Bundle they will not include it and if it is the other party which is preparing the bundle they will not be able to include it because they will never have been sent a copy. However there might be a dispute about the inclusion of a document which is alleged to be subject to "without prejudice" privilege because both parties will have a copy of it. It is unlikely that there will be a dispute about the principle that "without prejudice" documents should not be included but there might be a dispute about whether a particular document really is "without prejudice" or not, the presence or absence of the actual words "without prejudice" on the document not necessarily being conclusive.

Although a trial bundle can only contain documents which a party has previously sent to the other party as part of the litigation process (or which the court/tribunal has sent to the parties) that does not mean that the trial bundle should automatically contain copies of all such documents sent to parties. Some litigation correspondence may be about essentially administrative matters and not be relevant to the issues to be decided at the trial. And some of the relevant documents which the court/tribunal may have ordered a party to disclose may not be needed - e.g. there may be many almost identical photos taken within a few minutes of each other and neither side requires them all to be included. Generally a trial bundle should only contain necessary documents because large numbers of unnecessary documents can waste the court's/tribunal's time (normally the judge will rely on the barristers to refer to individual documents as the trial proceeds but, in addition, the judge will read at least some documents in advance, and/or during adjournments, and if there are a large number of unnecessary documents, time is wasted). If the other side ask you to include in the trial bundle a few documents which you consider irrelevant then there may be little point querying that if there are only a few and there are no other reasons to object apart from irrelevance. But if the other side ask you to include a large number of documents you think are completely irrelevant it is worth querying with them (in writing) why they think they are relevant. Your query may prompt them to reconsider. Ultimately if they insist on the documents being included (and you have no reason to object other than irrelevance) they should be, but if the judge, at the trial, makes a criticism of the fact that a large number of irrelevant documents have been included in the bundle, and requires to know which party was responsible so that an appropriate sanction (such as perhaps an adverse costs order) can be made, you will be able to show from the correspondence that they were included at the insistence of the other party.

Sending drafts of the Trial Bundle to the other side

It is important, therefore, that you, the bundle-producing party, should send to the other party, in good time before the trial at which the Trial Bundle will be used, a draft copy of the Trial Bundle PDF so that the contents can be agreed. Do not grant the other side direct access to the Bundledocs bundle. Generate a draft bundle as a PDF and send it to them for their comments/agreement. If you are the other party, not the bundle-producing party, see here.

Before generating the initial draft bundle, create a Title Page. The cover of a volume of a hardcopy Trial Bundle conventionally is a page containing the name and number of the case in the top half of the page and, below that, in tramlines, the title of the bundle (e.g. TRIAL BUNDLE for trial starting 11 OCTOBER 2021). The function of the cover of a hardcopy volume is, of course (like the cover of any book), to enable the volume to be easily identified if, for example, if it is on a table with many other volumes. Such considerations do not apply to eBundles but most courts/tribunals nevertheless prefer the eBundle to have a Title Page as the first page in the PDF, matching the Title Page of any hardcopy so that they are absolutely identical. You can produce the Title Page as a single-page Word document and load it to Bundledocs by tapping Choose Title Page to Upload in the Generate options.

You should also create a Word document named INFORMATION ABOUT THIS EBUNDLE PDF. It should be three pages in length with text on the first page and the second and third pages blank and it should be loaded as the very first document in the very first section of Bundledocs. What it should contain depends on whether "legal" numbering might be used. Although it depends on the specific directions given generally courts have a strong preference that physical PDF page numbers should not differ from logical page numbers - so that "legal" numbering cannot be used - whilst most tribunals allow "legal" numbering which means that logical page numbers may diverge from physical page numbers. If the eBundle is for a hearing in a tribunal which allows "legal" numbering to be used, the Word document you create should contain the following text:

INFORMATION ABOUT THIS EBUNDLE PDF


For the best viewing experience, the "use logical page numbers" option should be set in your PDF viewer

so that when you type in a page number the correct page is displayed - for example if you type in 125,

the page which has page number 125 in the bottom right hand corner should be displayed.

If the "use logical page numbers" option is not set then when you type in 125 the 125th physical page in the PDF

will be displayed which will usually be a different page, as usually logical page numbers and physical page numbers

are not quite in "sync" because a few pages may have legal "numbering" (e.g. 53.1, 53.2, 53.3)


To set the "logical page numbers" option if you are using Adobe Acrobat, tap Edit - Preferences - Page Display

and check that the Use Logical Page Numbers box is ticked.


To set the "logical page numbers" option if you are using PDF X-Change Editor, or Foxit PDF tap File - Preferences - Page Display

and check that the Use Logical Page Numbers box is ticked.


It is best not use a browser (such as Google Chrome or Microsoft Edge) to view the eBundle because such browsers

do not have a "logical page number" option. Use a PDF viewer such as PDF X-Change Editor, Adobe Acrobat or

Foxit PDF. Adobe Acrobat Reader and Foxit PDF Reader are both free to download.


INFORMATION ABOUT PRINTING A HARDCOPY


In order to ensure consistent display of pages when scrolling, the PDF page size of all pages within the

eBundle is the same (pages can, of course, be expanded at will using the zoom slider to see fine detail) but,

when printing a hardcopy, documents which have names ending in (L) in the Index should be printed on A3 paper


If the eBundle is for a hearing in a court which does not allow "legal" numbering to be used - so that logical and physical page numbers will always be the same, the Word document you create should contain just the following text:

INFORMATION ABOUT PRINTING A HARDCOPY FROM THIS EBUNDLE


In order to ensure consistent display of pages when scrolling, the PDF page size of all pages within the

eBundle is the same (pages can, of course, be expanded at will using the zoom slider to see fine detail) but,

when printing a hardcopy, documents which have names ending in (L) in the Index should be printed on A3 paper



Once you have loaded the above Word documents, use the following Generate settings to generate a draft bundle :


Make sure Use Numeric Section Number is NOT ticked

Make sure Use Numeric Late Insert Number is NOT ticked

Make sure Generate as Source Zip is NOT ticked

Make sure Suppress Page column on index pages is NOT ticked

Make sure Show Document Description on Documents is NOT ticked



The Index Name box should contain Trial Bundle Index

Use Numeric Late Insert Page Number

Show Date Column on Index Pages

Use a Bookmark Description Source of Source Code and enter a Bookmark Description Source Code of p.@PageBatesStart (@Date) @Description

Include Section Title Pages

Remove Section Index Pages

Page Number Position... Bottom Right

Apply Page Numbering for Title, Index, and Section Pages

Generate with Page Labels

Include Bates Page Number with a Bates Length of 1

Set the Bates Prefix box to DRAFT Page and set Bates Suffix box to - Final page numbers may be different

The reason for setting the Bates Prefix and Suffix as shown above is that page numbers in the draft Trial Bundle are bound to be different from the page numbers which will be in the final Trial Bundle (when that is produced after further documents requested by the other side have been added) and it is important that the other side realise this and there is no misunderstanding.

As you co-operate with the other party in establishing what documents are to be in the Trial Bundle it might be convenient, over the course of a week or so, to send send a number of drafts and generally the easiest way to do this is to use Bundledocs to send a download link (tap on the email symbol in the download panel - see video). However often the court/tribunal will have directed "service" of the initial draft bundle index by a certain deadline and in some courts and tribunals sending a download link does not count as formal "service" so for the very first draft bundle PDF you should download from Bundledocs the PDF (which, of course contains the index as well as copies of the documents) and send it to the other side as an email attachment, using your PDF software's save as optimised option if necessary to make sure the PDF is not too large to send as an email attachment. If you can't send the initial draft bundle PDF as an email attachment because it is still too large, or if email is not a valid method of "service", you can generate the draft Index only by ticking the Generate without documents and Generate without documents (Quick View) boxes and send just the initial draft Index by whatever means of "service" is appropriate.

In theory the initial Trial Bundle PDF you produce could contain only the documents you require in the bundle (by selecting the Excluded option for all other documents) and you could then invite the other party to specify what further documents they require to be included (which can then be selected). However usually you will have a good idea what documents the other party is likely to require (every document specifically referred to in the statements of the other side’s witnesses will be needed, for example) and it is easier, logistically, to include in the initial draft Trial Bundle all the documents you require plus all the documents you think the other party is likely to require, and the other party can then be requested to confirm whether there are any further documents they require to be included. If there is a large run of documents which you have included only because of an assumption that the other party is likely to require them, then you can, at the same time, ask the other party to confirm that they do indeed require them.

Because, at an earlier stage, you will have loaded into Bundledocs all the documents disclosed by the other side (as well as all documents you disclosed) and all documents such as statements of case and witness statements formally served in the proceedings, if the other side asks for a document to be included, and when you look for the document in Bundledocs to select Included you find that the document is not there (and the document is not an item of inter partes correspondence) this, on the face of it, means that the document the other side wish to include was not previously sent by them to you as part of the litigation process (nor sent by you to them) and so they are not entitled to have it included in the trial bundle but, before you get back to them saying this, double check your records to make sure that you have not made a mistake (e.g. by omitting to load a document which they did in fact disclose).

Timetable for agreeing the bundle with the other side

As you are responsible for producing the Trial Bundle you need to make a plan with deadlines for

1. When you will be sending the first draft of the Trial Bundle, in PDF form, to the other side

2. When the other side need to get back to you with a request for any further documents to be added

3. When you will send the Trial Bundle in it final form (as an eBundle PDF and/or as hardcopy) to the other side and to the court/tribunal office.

A tribunal will normally give directions specifying the deadlines for 1, 2 and 3, but sometimes courts only specify the deadline for 3 and leave the parties to liaise about the logistics of agreeing the Trial Bundle and the deadlines for 1 and 2. To the extent that the court/tribunal has not set deadlines for the process of producing the Trial Bundle, you, if you are the party responsible for producing the Trial Bundle, need to plan the deadlines. The court/tribunal expects the parties to co-operate so you should show some flexibility but you need to take the lead in (politely) proposing deadlines and not letting matters slide. So, for example, 10 weeks before the deadline for exchanging skeleton arguments prior to the trial, you could send an email to the other side saying

As the party with primary responsibility for producing the Trial Bundle, I plan to send you a draft Index in about 4 weeks time, that is to say by [date], for your comments/agreement. As well as providing you with the index I will, because I will be using Bundledocs, be able to produce a full draft bundle - i.e. not only the index but copies of the documents themselves arranged in order - in PDF form which I will send to you, by download link if necessary due to size. I would suggest that we set a deadline of 2 weeks later - i.e. [date] - for you to get back to me with any request for any further documents (which, of course, can only be documents already disclosed) to be included. I will then add those documents as promptly as possible and generate a further draft bundle PDF and send that to you. This draft bundle will not actually be the final bundle (because, for example, hyperlinks for exhibits will not yet have been added and it may not be fully OCRed) but it will use the final page numbering which will be used in the final bundle so that we can then, over the following few days, finalise the [name of quick reference summary document(s)] with any necessary page number references they contain, confident that page numbers are not going to change. The deadline for exchange of skeleton arguments for the trial is [date] and I would plan to provide you with the Trial Bundle in its final form with [name of quick reference summary document(s)] added, and in both hardcopy and eBundle, not later than two weeks before then - i.e. by [date].

It should not take you 4 weeks to produce the first draft but the reason for emailing the other side 4 weeks in advance is in case your proposed date for providing the first draft happens to coincide with a particularly busy or difficult time for the other side. In that case they might ask you to provide the draft, say one of two weeks earlier, which, because you have contacted them well in advance, you should be able to do.

In the above example, once you have sent the initial draft bundle, and the other side have identified any further documents they wish to be included, you should then have 14 days to produce the final bundle which should be a relatively comfortable margin, but giving yourself two weeks, in this way, allows time for the relevant quick reference summary document(s) to be agreed and finalised. Exactly what quick reference summary documents are required depends on the type of case and the specific directions given by the court/tribunal but it could include a Chronology or a List of Issues not in Dispute, for example. Some kinds of quick reference document are more likely to contain page number references than others (a Chronology nearly always does, a List of Relevant People usually does not) but it is best to assume that any quick reference document might, in its final agreed form, contain page references and to produce and send a draft bundle with the final page numbering as soon as possible within the first few days of the start of that two week window.

Allowing a two week window also allows for the unexpected. For example, normally you will have already included all the documents you want to be included and you will be just waiting for the other side to identify any extra documents they wish to be included, but occasionally once the other side have identified what documents they wish to have included that might prompt you to decide that there are further documents you wish to include so that you then need to send them a further draft bundle including both the documents they want to include and the extra documents you now want to include. Normally this does not happen but there are some circumstances in which it could. For example, say there is some correspondence - say a total of 20 emails/letters going back and forwards over the course of a month - about three years ago. It might be that you take the view that, taken as a whole, that correspondence shows very little of relevance and, with all the other evidence you have, you do not think it is worth including. If the other side requires those 20 emails/letters to be included, then fine. But it might happen that the other side ask for just 2 letters out of the 20 emails/letters to be included, and that those 2 letters in isolation could give a skewed impression. For example, perhaps someone has written a letter and then immediately follows up with an email explaining correcting or clarifying what is said in the letter: if your opponent wanted to include just the letter, you might then want to include the clarifying email or, perhaps, even all of the 20 letters/emails, so that a misleading impression is not created of the correspondence as a whole.

If the other side miss the deadline to notify you of documents to include

If you plan ahead and make contact with the other side in good time, the process of agreeing what should be in the Trial Bundle should be relatively smooth, but if the other side, despite reminders, delay telling you which documents they wish to see included you may be faced with a dilemma. You do not want to wait forever and risk not allowing yourself sufficient time to produce and deliver copies of the final trial bundle on time but, on the other hand, you do not want to be criticised by the court/tribunal, later on, for showing insufficient flexibility resulting in inconvenience at the trial if the other side ends up having to produce its own supplementary bundle containing documents you have omitted from the main Trial Bundle.

If you end up in the situation where the other side never tell you whether or not there are extra evidential documents they wish to see included, count up how many extra pages of documents there are not so far included in the documentary evidence sections of the bundle which the other side could, theoretically, ask to be included. Look at each document which is Excluded and check whether or not it is a duplicate of another document which already has Included selected. Add up the number of pages of all currently Excluded documents which are not duplicates. This is the maximum number of extra pages which the other side could theoretically ask to be included (apart from items of inter partes correspondence). If this number is a small proportion - say less than 10% - of the total number of pages already included in the bundle you might decide to take the initiative and add to the bundle all the extra documents which the other side could possibly ask you to include because, at the end of the day, the court/tribunal would probably prefer having a single bundle containing a limited number of unnecessary documents, but with all documents in order, rather than having the possibility of being presented with a late-produced supplementary bundle in addition to the main bundle. Of course even having up to 10% extra unnecessary pages is not ideal and you should make sure that you have a paper trail of correspondence, which you can, if necessary, show to the court/tribunal demonstrating that you only took the step of including the extra documents because the other side's repeated failure to engage in time risked an unacceptable delay in the production and delivery of the final trial bundle.

Generating the Draft Bundle with final page numbers

Once the complete set of documents to be included in the trial bundle has been identified and included in Bundledocs before the deadline (so that the page numbers will not change further), or if you get to the deadline and the other side have, despite reminders, not confirmed if they want any extra documents to be included (which means that any extra documents which may turn out to be needed will need to either be added to the existing bundle with legal numbering or else put in a supplementary bundle so that, again, the page numbers of existing documents will not change) then you are ready to generate the bundle again. In the Include Bates Page Number section of the Generate options blank out the Bates Prefix and Bates Suffix boxes so that the latter no longer says - Final page numbers may be different etc. Make sure Remove Section Index Pages is ticked. Then generate the bundle, download the PDF and open it.

CHECK THAT PAGES HAVE CORRECT ORIENTATION

When you load documents to Bundledocs they should retain the orientation they have - e.g. if you load a PDF with landscape pages it should appear in the generated bundle PDF in landscape. Occasionally this does not happen and you then need to adjust the orientation in Bundledocs. You may also come across PDF documents which have primarily been designed for printing (rather than for viewing online) which contain some landscape pages rotated anti-clockwise by 90 degrees so that they print as portrait. Some people create PDFs like this to ensure that they print correctly even if the person doing the printing forgets to tick the auto-rotate page on paper option though, of course, it makes them difficult to read when viewing, so they need to be rotated.

Go through the PDF bundle and, if you come to any page which is not in the correct orientation to be read (i.e. it is sideways or even upside down) use Bundledocs to rotate it (see video).

CHECK WHICH PAGES NEED TO BE PRINTED ON A3 PAPER

In order to ensure consistent display of pages when using the PDF, the page size of all pages within the PDF will be A4 including any pages which, when the hardcopy is eventually printed, will need to be printed on A3 paper, so you need to go through the PDF and when you find a document whose pages need to be printed on A3 paper, add (L) to the end of the Document Description in Bundledocs. It should be fairly easy to spot any pages which should be printed on A3 - e.g. a map or drawing in which the fine detail can only be properly seen when A3 size. Pages which need to be printed on A3 are often, though not always, landscape pages. Because of this you might want to identify the documents which need to be printed on A3 at the same time as you check pages for correct orientation (see above), or you can do that as a separate exercise - whichever you prefer. Although you can sometimes see detail on a screen which you cannot see so easily in print form, how a page appears when you zoom in on it on the screen is a fairly good guide to what size paper it needs to be printed on. All pages in the bundle have a PDF page size of A4 so to check whether a page needs to be printed on A3, first view it at 100% zoom and, if the details are too fine to see properly, use a zoom of 140% to see what it would look like on A3 (the sides of an A3 sheet are about 40% longer than those of an A4 sheet). If the details are still too fine to see properly, try a zoom of 200% to see what it would look like as A2. It is normally only maps and drawings which might need to be printed on A3 or larger paper because documents consisting mainly of typed words are normally A4 size. However some old legal documents might be of larger size. Also if there are any A4 documents which use fine print for terms and conditions, they can be printed on A3 to make the fine print easier to read.

Hardcopy sheets greater than A3 size can be difficult to handle at a hearing and take time to fold and unfold so should only be used where necessary. The fact that the original document is A2 does not necessarily mean that it needs to be printed on A2: it may be that all relevant details are legible when printed on A3 choosing the best print quality available on the printer.

ADD LIST OF EXHIBITS DOCUMENTS

Immediately after each statement which contains references to exhibits, add a one page blank document entitled e.g. List of Exhibits referred to in the Witness Statement of John Smith.

Create bookmarks for each exhibit then click and drag each set of bookmarks to create a cascade like this:


Exhibit Bookmarks

Level 2

JJS1

JJS2

JJS3

PAJ1

PAJ2

PAJ3

PAJ4

TJA1

TJA2

Tap Bookmarks - Build Table of Contents and, in the Build Table of Contents panel, enter a Title of e.g.

List of Exhibits referred to in the Witness Statement of John Smith

and set both First bookmark level to include in the TOC and Last bookmark level to include in the TOC to 3. Set Output page numbers as... Page Labels. When you tap Build the List of Exhibits page for the first set of exhibits (JJS1, JJS2, JJS3 in the above example) will be created as the first page in the PDF

Then repeat the process for the next set of exhibits (PAJ1, PAJ2, PAJ3, and PAJ4 in the above example) for the next statement using a level of 4 and so on until you have created a List of Exhibits page for each of the statements in the bundle which refer to exhibits.

You can then use Organise - Extract to save each of the List of Exhibits pages as separate PDFs and then load each to Bundledocs as a replacement of the blank single-page document under each relevant statement.

Sending the Draft Bundle (containing final page numbers) to the other side

If the bundle PDF is too large to send as an email attachment (even after saving it with your PDF software's save as optimised option) you will need to send it by means of a download link. In theory you could send it using a Bundledocs-generated download link but when, later on, you come to send the final eBundle to the other side you will not be able to use the Bundledocs download link facility (because additions will, in a final step to produce the eBundle, need to have been made directly to the Bundle PDF using PDF X-Change Editor, after downloading the PDF from Bundledocs). So, whilst you could use the Bundledocs download link facility now one last time to send the current draft bundle (containing final page numbers), it is better to now start using whatever file transfer system you will be using in future so that you (and the other side) get used to it.

Whilst documents in a Trial Bundle may not actually be in the public domain unless and until they are referred to at the trial, usually the documents you are contributing to the Trial Bundle will not actually be sensitive or confidential, and if the other side when, earlier on, they provided copies of their documents to you, used ordinary email, then it may be that they also do not require any highly secure system to be used to send the draft bundle either, so it may be that it is reasonable to use an ordinary file transfer system such as File Mail to send the downloaded draft bundle PDF. Alternatively you or the other side may prefer some more secure method to be used.

Whatever system you decide will be used when you eventually produce the final eBundle, you should now generate the Bundle in Bundledocs again. Then download the bundle PDF (now containing the final page numbers) and check that the page numbers have not changed. Providing you loaded each single-page List of Exhibits document as a replacement for the existing one page blank document the page numbers should not have changed.

After the Generate, download the bundle PDF, rename it with a name which emphasises that it is still a draft - e.g. DRAFT Trial Bundle.pdf and send it to the other side, using the same system that you will eventually be using to send the final eBundle. When sending the draft bundle, invite the other side to agree the final version of any relevant quick-reference documents now that page numbers are fixed.

Adding Agreed Chronology etc.

Once any quick-reference documents such as an Agreed Chronology document have been agreed with the other side, they need to be loaded to Bundledocs if they are to be included in the bundle. I say "if" because some courts have a strong preference that physical PDF page numbers should not differ from logical page numbers- and may therefore require the quick-reference documents to be supplied separately (rather than being added to Bundledocs and included in the generated eBundle with "legal" numbering).

If, however, the court/tribunal does allow bundles to contain some "legal" numbering the quick-reference documents would normally be loaded to the first section of the bundle (after the INFORMATION ABOUT THIS EBUNDLE document) and when you do this it is important to tick the Is this document a Late Insert? box for each quick reference document loaded so that they are given "legal" numbering (e.g. 4.1, 4.2 etc.) and so that the page numbering of existing documents (which are referenced in the LIST OF EXHIBITS documents, and in the Agreed Chronology etc. documents themselves) are unchanged.

Once you have loaded the Agreed Chronology etc. generate the bundle again, and, when generated, download the draft Bundle PDF to your computer by tapping the down arrow symbol in the Bundledocs download panel. Open the draft Bundle PDF and check that existing page numbers are unchanged from last time. Providing you have ticked the Is this document a Late Insert? box for all documents added the page numbers of existing documents should not have changed but if, perchance, the addition of those extra documents caused the Index to spill onto a new page that will have put out all the page numbers by one. If this happens edit the INFORMATION ABOUT THIS EBUNDLE PDF document to remove one of its blank pages, replace in Bundledocs, and Generate again to get the page numbers back to what they should be.

Normally the tribunal's/court's directions require the parties to agree documents such as an Agreed Chronology and you should make every attempt to do so, allowing sufficient time, but if the other side will not engage you may end up having to provide a Chronology which you have drafted which is not agreed. If the court/tribunal requires a Chronology it is better to provide one which is not agreed (but is as neutral as you can make it) than to not have one at all. You should make sure, however, that the Chronology is clearly titled to indicate that it is not agreed (e.g. Applicants' Chronology).

Adding the finishing touches using PDF X-Change Editor to create the eBundle

Once there is a PDF bundle, generated by Bundledocs containing all documents there are some finishing touches to be done to make it easier to use. Although Bundledocs has some features which can be used to add some finishing touches (such as hyperlinks) it is quicker to use PDF software such as PDF X-Change Editor directly on the PDF. There are also some finishing touches (extra bookmarks) which can only be added using PDF software.


IMPORTANT NOTE

It is important to note that once you use PDF X-change Editor to directly update the PDF Bundle then if you ever need to do another Generate in Bundledocs (for example if you notice that there is a typo in the document description of one of the documents in Bundledocs, so you correct it and Generate another PDF bundle) you will need to redo the finishing touches described below.


OCR

The eBundle needs to have be OCRed. This process creates a text layer in the bundle PDF which can be used to search for any word or number appearing anywhere in the bundle. Some PDF documents you have loaded to Bundledocs will have a text layer already and the pages for these in the bundle PDF generally should not be re-OCRed because the PDF documents already containing a text layer were probably originally created from text so that the text layer is 100% accurate. If they were re-OCRed that might produce a text layer of poorer quality (because no OCR program is perfect and some may detect some fonts and layouts better than others). Bundledocs has the facility to OCR the bundle and you could use that before you download it or you may prefer to use PDF X-Change Editor on the downloaded eBundle PDF using the Convert - OCR Pages option.

When the OCR is complete, save the eBundle. The particular court/tribunal may have rules about what name the eBundle should be saved with. In the absence of any specific rule it should be named with the name of the case (abbreviated if necessary) followed by a brief description of what kind of bundle it is, followed by the start date of the trial at which it will be used, like this:

Smith v Jones Trial Bundle 11 Oct 2021.pdf


Add Exhibit Hyperlinks

Whenever an Exhibit mark is mentioned in a statement, or in the List of Exhibits following the statement or in other quick-reference documents, a hyperlink should be added so that someone using the eBundle can click on the Exhibit mark and be taken to the Exhibit wherever it is within the Documentary Evidence section(s). To add the hyperlinks do the following.

Create bookmarks for each exhibit to generate the hyperlinks from.

Choose Bookmarks - Links from Bookmarks and, in the Create Links from bookmarks panel, choose Pages... All. Tap OK

Save the eBundle.


Add Exhibit Bookmarks under List of Exhibits bookmarks

Select the exhibit bookmarks which you created in the step above and tap Bookmarks - Add Text and, in the Add Text to Bookmark Title panel, type ten spaces then p.%[Label] in the Add Suffix box, choose selected bookmarks and tap OK.

Click and drag the Exhibit bookmarks in order underneath the statements they relate to as shown in the example below.

p.40 (11 Jun 2020) Witness Statement of John Smith

p.40.1 LIST OF EXHIBITS REFERRED TO IN THE ABOVE STATEMENT

JJS1 p.120

JJS2 p.113

Save the eBundle.


Check that the eBundle can be read by a variety of PDF software

PDF software uses a common standard for the format of PDF files which should mean that a PDF produced by any PDF software should be viewable with any other software. But sometimes, because of imperfections in software, this is not always so. You probably do not know which PDF software the people you send the eBundle to will be using, but you can and should try opening the eBundle PDF with all the PDF software you have available to you - and also with Adobe Acrobat Reader which can be downloaded free - and check that all the pages display correctly.

Providing the Trial Bundle eBundle

Your barrister, the other side, and the court/tribunal office will need copies of the eBundle. A Trial Bundle eBundle may be too large to send by ordinary email and most courts and tribunals have a secure upload facility which can be used instead.

If the Trial Bundle contains placeholders for any video or audio files, the video/audio files themselves (e.g. the mp3 or mp4 files) should be provided with the eBundle PDF.

Whilst documents in a Trial Bundle may not actually be in the public domain unless and until they are referred to at the trial, usually the documents are not actually sensitive or confidential so that when sending the eBundle to the other side it may be reasonable to use an ordinary file transfer system such as File Mail if the eBundle is too large to send by ordinary email. Alternatively you or the other side may prefer some more secure method to be used.

What to do if you discover, after sending out copies of the eBundle, that you have missed a document out

You should take great care to ensure that the eBundle is correct and complete before you send it out so that you never get into this situation. If, despite best endeavours, you discover, after the eBundle has been sent out, that a document or documents have been missed out, you will need to create a supplement PDF containing just the extra documents.

The reason for creating and sending out a supplement PDF with just the extra pages, rather than a complete replacement eBundle, is that you do not know to what extent each recipient of the original eBundle may have added their own extra bookmarks and comments to their copy of the eBundle. If they have added their own comments then a complete replacement eBundle will not be helpful. In addition, producing a replacement eBundle would mean you had to redo all the "finishing touches" which you previously carried out - adding extra bookmarks and hyperlinks for exhibited documents.

If hardcopies are not being used then the supplement PDF would simply be an additional eBundle with pages numbered serially.

If, however, you have reason to believe that some people will be using hardcopies (either hardcopies you have produced or hardcopies others they have printed themselves from the eBundle) it can be useful if the pages in the new PDF are given "legal" numbering such that they can be printed and inserted in the appropriate places in the hardcopies - and the new PDF should also contain a complete replacement index listing all documents, existing and new, which can be printed and used to replace the current index pages in the hardcopies. In other words although the new documents are bound to be in a separate PDF, it is useful if there can be a consolidated hardcopy.

To produce the supplement PDF with legal numbering, do the following:-

  1. Edit the Title Page Word document to add the words "SUPPLEMENT 1" so that the words within the tramlines are e.g. TRIAL BUNDLE for trial starting 11 OCTOBER 2021 (SUPPLEMENT 1) and replace the Title Page in Bundledocs with the amended Word document. If any of the extra pages would, if a hardcopy is to be printed by the recipient, need to be printed on A3, add a note under the tramlines - e.g:

If printing a hardcopy, print the following pages on A3: 125.6, 125.7, 140.1

  1. Load the extra documents to Bundledocs making sure that the new documents you add have the Is this document a late insert box ticked so that they are page numbered with legal numbering e.g. 102.1, 102.2, etc. If there are some documents already in Bundledocs which already have the Is this document a late insert box ticked it is important that you do not add a new document immediately before an existing document which has "late insert" ticked because, if you do, that will cause the page numbers of that existing "late insert" document to change. Even if the most logical place for the new document is immediately before an existing "late insert" document, do not put it there but in some other nearby location.

  2. Select the Generate with Late Insert Documents only option and tap Generate again to create a supplement PDF.

  3. Check the Index in the supplement PDF to ensure that the page numbers of existing documents have not changed. Providing you have ticked the Is this document a Late Insert? box for all documents added the page numbers of existing documents should not have changed but if, perchance, the addition of those extra documents caused the Index to spill onto a new page or pages that will have put out all the page numbers by one. If this happens edit the INFORMATION ABOUT THIS EBUNDLE PDF document to remove one of its blank pages, replace in Bundledocs, and Generate again to get the page numbers back to what they should be.

  4. Save the supplement PDF with a name of e.g.

Smith v Jones Trial Bundle 11 Oct 2021 (supplement 1).pdf

  1. If there were any documents in the original eBundle which had "late insert" ticked, the supplement PDF generated will contain those in addition to the extra documents you have added, and ideally you should delete from the supplement PDF those older documents which already appear in the original eBundle before the supplement PDF is sent out.

  2. Send out the supplement PDF.

When producing, and sending out, the supplement PDF, it is important to ensure that, with that supplement, every document which needs to be included has now been included. You don't want to have to send out a second supplement later. So take time to ensure that, with this supplement, everything is included. It may be that when you first realise that a supplement will be needed it is already quite late in the day so that there is some urgency but even if the deadline for exchange of skeleton arguments is, say, only 3 days away, you can afford to take an hour to think carefully and ensure that everything which needs to be included is now included.

If the worst happens and, just after you have sent out the supplement PDF, you discover that further documents need to be included, follow the same procedure as above to produce a second supplement PDF. Unless the previous supplement contained a very large number of pages it is generally wise to produce the second supplement as a cumulative supplement. In other words, when carrying out step 6 above, just remove from the Supplement PDF pages which were in the original eBundle and leave the pages which were added in the first supplement. On the Title Page, within tramlines, give the second supplement a title of e.g. TRIAL BUNDLE for trial starting 11 OCTOBER 2021 (SUPPLEMENTS 1 and 2) and name the PDF

Smith v Jones Trial Bundle 11 Oct 2021 (supplements 1 and 2).pdf

Printing out, and assembling Trial Bundle hardcopies

How many hardcopies need to be produced depends on directions given by the court or tribunal. Some recipients of the eBundle may find it convenient to print their own hardcopy if they require one. Other recipients may want to be sent a hardcopy trial bundle in the post. In addition to any hardcopies required by the judges/members of the court/tribunal, invariably one hardcopy will need to be brought to the trial for the use of witnesses when giving evidence.

Purchase the stationery you will need for the hardcopies

As well as paper you will need dividers with tabs containing letters A, B, C, D, E, F, G, H, I, J etc. When buying dividers be sure to buy a set where each tab contains a single letter (such as the eco eco A-Z Dividers A4). Traditionally many sets of dividers on sale consist of only 20 tabs: A, B, C, D, E, F, G, then HI together, JK together, L, M, N, O, PQ together, R, S, T, UV together, W, and XYZ together. These are not suitable - unless, of course, you have no more than seven sections in the bundle in which case you will not be using tabs after G. If there will be some A3 sheets in the bundle you will need "extra wide" A4 dividers. An "extra wide" A4 divider is typically between 10 and 20 mm wider than A4 to ensure that its tabs are not obscured by any folded A3 sheets above it (a folded A3 sheet is slightly wider than A4 because the binding rings prevent it being folded exactly down the centre).

It is best if each hardcopy of the Trial Bundle is wholly contained in a single volume. Most trial bundles are 500 pages or less and can be accommodated in a single binder but if there are too many sheets for the largest capacity binder obtainable it might require more than one volume per hardcopy.

Buy two-hole A4 white binders with clear pockets on the outside front cover, rather than three-hole of four-hole, as two hole binders make it easier to turn pages over. It is rare for a court/tribunal to prescribe use of a particular colour of binder but in practice most Trial Bundle hardcopies are in white binders. There is a greater variety of two-ring white binders available for purchase than for two-ring binders of other colours which means that you can use binders of appropriate width for the number of sheets they contain and not have to use an artificially wide binder. Use the same make/model/colour of binder for all of the hardcopies.

When buying binders bear in mind that the number of sheets which can fit in a binder depends on the type of binder.

The Elba Panorama Presentation Lever-arch File, A4, 2 Ring Lever-arch, 65mm Capacity, can take 650 sheets of 80 gsm paper

The Elba Panorama Presentation Binder, A4, 2 D-Ring, 65mm Capacity, can also accommodate 650 sheets of 80 gsm paper

The Elba Panorama Presentation Binder, A4, 2 D-Ring, 50mm Capacity, can accommodate 500 sheets of 80 gsm paper

The Elba Panorama Presentation Binder, A4, 2 D-Ring, 40mm Capacity, can accommodate 400 sheets of 80 gsm paper

The Elba Panorama Presentation Binder, A4, 2 D-Ring, 25mm Capacity, can accommodate 250 sheets of 80 gsm paper

These are, however, theoretical figures and in practice the fact that you are using dividers, and may have some A3 sheets folded double, will mean that the realistic capacity of a 65mm binder, for example, in terms of numbered pages, may be no more than 500. It is important not to overfill a binder - i.e. there should be no sheets beyond the point where the straight part of the D-ring starts to curve - in order to ensure that pages can be turned over easily without snagging. In a lever arch file the compressor bar must be able to fit comfortably on top of the sheets within the straight section of the metal prongs.

The quoted width of a D-ring binder is the size of the straight part of the D-ring (before it starts to curve) which holds the pages. The actual width of the spine of the binder is a bit more. For example a 40mm D-ring binder has a spine width of approximately 55mm. With a lever arch file the difference is more dramatic with a 40mm lever arch file having a spine width of approximately 70mm because of the extra space needed to accommodate the arch. This means that D-ring binders are more compact which can be important if you are carrying a number of them in a case with limited space. On the other hand very rough handling of pages in a very wide D-ring binder can cause the rings to spring open - something which can never happen with a lever arch file.

Printing A4 sheets on 45 gsm paper can mean that you can use a thinner binder which is another way of saving space (and reducing weight).

Instead of using 45 gsm A4 paper, sometimes, to reduce bulk and weight, people print on 80 gsm paper but double-sided. If the bundle contains both A4 and A3 sheets care is needed if printing double-sided to ensure that the first page of each run of A4 pages between A3 pages is printed recto (and not verso on the back of the last page of the previous run of A4 pages). Likewise if printing A3 sheets double-sided .

Printing

Print the first page - the Title Page on 80 gsm A4 paper (single-sided of course) even if you are printing the rest of the A4 pages on 45 gsm. This makes it easier to insert the Title Page into the transparent pocket of the front cover.

It may be that all the other pages are to be printed as A4 in which case printing should be straightforward. If the bundle contains any pages which should be printed on A3 (or larger) paper, see here for how to print A4 and A3 pages. A3 sheets should be printed on paper which is at least 80 gsm, even if you are printing most A4 sheets on 45 gsm paper.

Assembling

1. The Title Page should be inserted into the transparent pocket of the front cover of each hardcopy.

2. Assemble - into one pile per hardcopy - all the other sheets you have printed, in page number order.

3. Hole punch each pile of sheets and file them in a ring binder/lever arch file.

4. Fold any A3 sheets into A4 size.

5. Insert a tabbed divider with the appropriate letter (A, B, C, etc.) at the start of each section in front of the section title page (or, if you are printing double-sided and the section title page is printed verso, just after the section title page). If you are using "extra wide" A4 dividers (because the bundle contains some folded A3 sheets) you may find that the extra wide dividers are too wide - typically you will only need 10mm extra width but many "extra wide" A4 dividers have 20mm extra width. In this case you can guillotine off 10mm on the hole side of the divider and punch new holes.


Delivering Trial Bundle Hardcopies

You may be sending hardcopies to the other side by post but, if you can, it is best to hand deliver hardcopies to the court/tribunal office rather than use the post.

The offices of most tribunals and courts are shared with other tribunals and/or courts and, even if there are no delays in the external post, there can be delays within the building. In some court/tribunal buildings you may be handing the trial bundle hardcopies directly to someone from the "listing" section of the court/tribunal who is directly involved in arranging the venue for the hearing and in ensuring that the assigned judge/members of the tribunal/court are provided with a hardcopy in good time. Or you may find that the person you hand the hardcopies to is not in the listing section, indeed they may be on the staff of a different court/tribunal and, when taking the hardcopies from you, they may simply be acting as "postman" in passing them on the relevant person for their attention.

To be prepared for all possibilities you should write a covering letter containing in large letters the name of the court/tribunal, the case name and case number, and the date and venue of the trial and saying e.g. "Please find enclosed two hardcopies of the Trial Bundle" and take that letter, and a large sealable mailing bag, with you. If you end up handing the hardcopies directly to someone from the listing section of your court/tribunal, you can hand them the covering letter at the same time. If, however, the member of staff you are dealing with will simply be acting as "postman" you can put the hardcopies and the covering letter in the mailing bag so that when it is opened by the relevant member of staff in the listing section it is self-explanatory. Make sure that you write the name of the court/tribunal, the case name and case number, and the date and venue of the trial on the outside of the mailing bag.

In all cases make sure to mention the date of the trial to the person you give the hardcopies to.

All court/tribunal buildings have security checking on entry and many have counters which close well before 5.00 pm so it is best to arrive in plenty of time.

Disclaimer

This information page is designed to be used only by clients of John Antell who have entered into an agreement for the provision of legal services. The information in it is necessarily of a general nature and is intended to be used only in conjunction with specific advice to the individual client about the individual case. This information page should not be used by, or relied on, by anyone else.

The information on this page about specific computer techniques is provided for information purposes only. Every reasonable effort has been made to ensure that the information is accurate and up to date at the time it was written but no responsibility for its accuracy, or for any consequences of relying on it, is assumed by me. You should satisfy yourself, before using any of the techniques, software or services described, that the techniques are appropriate for your purposes and that the software or service is reliable.

This page was lasted updated in August 2021. Disclaimer