Feb 22, 2005 22:57
19 yrs ago
46 viewers *
English term

listing of a case

English Law/Patents Law (general) UK criminal law
This is a letter from a solicitor to his client


Dear lala,

Re Your case at XXX XXX Court
Trial - 4 March, 2005 - For mention

As you can see from the above date your case has been ***listed*** in order for us to confirm whether or not we are are ready to proceed to trial at the next ***listing of your case***. You must attend on the next occasion - otherwise a warrant is likely to be issued for your arrest with no backing for bail.

As far as I have managed to find out 'listing a case' is when it is put in a que to be heard in court and a date is arranged for the actual hearing. The second listing (next listing) confuses me. Can someone help?

(Listing: 12.3 Where advocate’s details have been placed on the court record, the parties will be contacted by the Administrative Court List Office in order to seek to agree a date for the hearing. You and advocate’s clerks will be offered a range of dates and will have 48 hours to take up one of the dates offered. If the parties fail to contact the List Office within 48 hours, the List Office will fix the hearing on one of the dates offered without further notice and the parties will be notified of that fixture by letter. Where a hearing is listed in this way the hearing will only be vacated by the Administrative Court Office if both parties consent and good reason is provided for the need to vacate the fixture. Failing that, a formal application for adjournment must be made (on notice to all parties) to the Court.)

Discussion

Deborah do Carmo Feb 22, 2005:
Sounds to me as a laywer like placed on the court roll (enrolled) for a preliminary hearing on which occasion a trial date may then be set - jurisdictions differ i.r.o. procedure but that would be the jist of it.
Non-ProZ.com Feb 22, 2005:
Thanks Debbie - I pretty much understood what listing is but could you elaborate?

What is the sentence saying? 'As you can see from the above date, your case has been entered into the waiting list in order for us to arrange an actual hearing date? i.e. the waiting list is for arranging a hearing date or the waiting list is for the actual hearing?

Responses

+1
1 hr
Selected

setting a date for a hearing

This is a reference to setting a date for a hearing. It is a purely administrative function carried out in this country by the List Office of each Court, in respect of hearings of all kinds, including preliminary hearings and trials. Nothing to do with waiting or registering or enrolling a case.

If a specific date is set, the hearing is referred to as a 'fixture'. Some courts have the practice of giving a range of dates over (say) two weeks, during which the hearing (particularly trials) may begin on any day. This is usually referred to as the Warned List.

When the solicitor writes "your case has been listed", he means that a date has been set for a hearing, on 4 March 2005. At that hearing, the parties must state whether they are ready to proceed to trial and the Judge will give directions as to the future conduct of the case.

The second reference to "the next listing of the case" is solicitors' jargon. It means 'on the next date when a hearing is listed'. He could equally have written 'at the next hearing'.

Court interpreter in England & Wales - 15 years' experience
Peer comment(s):

agree Deborah do Carmo : probably more explanatory in the UK context - this is a form of enrolment though regardless of the jurisdiction - in the widest sense of the word
5 hrs
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4 KudoZ points awarded for this answer. Comment: "thanks to both"
9 mins

Explanation of "listing"

This is just a list of terms to help you understand the word.
(not for grading)

http://www.thefreedictionary.com/listing
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+1
5 mins

enrolment of a case - the placing thereof on the court roll

listing is simply a synonym for enrolment - in the second instance there is merely a procedure to agree upon a date for the case to be enrolled and steps that will be taken if this is not done.

The "List Office" in other jurisdictions would be referred to as the Clerk of the Court or Registrar or be a division thereof.

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Note added at 6 mins (2005-02-22 23:03:54 GMT)
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qualified lawyer - 13 years experience

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Note added at 7 hrs 14 mins (2005-02-23 06:11:43 GMT)
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Just adding this here now from above for those who find it difficult to follow a complete answer by combining it with the asker notes:

Asker: Thanks Debbie - I pretty much understood what listing is but could you elaborate?

What is the sentence saying? \'As you can see from the above date, your case has been entered into the waiting list in order for us to arrange an actual hearing date? i.e. the waiting list is for arranging a hearing date or the waiting list is for the actual hearing?


Debbie do Carmo: Sounds to me as a laywer like placed on the court roll (enrolled) for a preliminary hearing on which occasion a trial date may then be set - jurisdictions differ i.r.o. procedure but that would be the jist of it.
Peer comment(s):

agree Anna Maria Augustine (X)
4 mins
tks Anna
neutral Refugio : You have provided a synonym but I believe he already knew that much when he asked the question.
43 mins
and since answered the asker's further question directly above if you'd care to look first but then again.....
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