make concluding arguments (closing submissions).Ĭourt is typically in session five hours per day, so the total number of hours for the trial must be 25 hours or less.Īt least five days before the pre-trial conference, you must file the following documents with the court:.re-examine a party’s own deponents, who were cross-examined by the opposing party, and.question the persons that swore/affirmed affidavits supporting the opposing party’s case), cross-examine deponents of the opposing party’s affidavits (i.e.“read in” evidence from an examination for discovery (see rule 11),.A list of every witness, including every expert witness, whose affidavit evidence each party intends to present at.The Court rules require that the parties agree on a trial management plan before the pretrial conference takes place. It has the same legal significance as a sworn oath. An affirmation is a solemn promise to tell the truth. Affidavits are written statements that are sworn or affirmed in front of a Commissioner for Taking Affidavits. If a party is relying on expert opinions, they must be set out in writing and attached to an affidavit. The parties are required to present their evidence in written documents called affidavits instead of by calling witnesses to give their information in oral testimony. greater than a 50% chance), it would be correct to rule in favour of the plaintiff.Ī Rule 76 trial must be completed within five days. This means that the plaintiff must present evidence that will convince the judge that, more likely than not (i.e. In every civil (non-criminal) case, the plaintiff has the burden of proof to establish on a balance of probabilities the allegations contained in the statement of claim. The steps in the trial described below will be taken by a lawyer where a party is represented, except where the plaintiff or defendant is testifying as a witness. The judge can explain the procedure and will answer questions about the way the trial will be conducted, but you must determine how to present your case. The trial judge must be neutral and fair to both sides and cannot give legal advice. They briefly summarize procedures to be followed at trial in Rule 76 simplified procedure cases under the Rules of Civil Procedure. These instructions are directed to parties who are not represented by legal counsel. CROSS-EXAMINING WITNESSES ON THEIR AFFIDAVITS.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |