![]() ![]() ![]() Leading Question : Your name is John Doe, isn’t it? (The answer is suggested in the question).Īll questions asked of witnesses must be relevant to the matters at issue in the case. Non-leading Question : What is your name? (The answer is not suggested in the question). A leading question is one that suggests the answer. When a party questions their own witness, it is called direct examination.ĭuring direct examination of your witnesses you are not allowed to ask a witness leading questions. The plaintiff will ask each of the plaintiff’s witnesses questions. Some specific procedures that will be followed during the different phases of trial are highlighted below.ĭirect Examination, Cross-examination and Re-examinationīefore each witness testifies he/she will be required to take an oath or affirm to tell the truth. Only a party or counsel can make a concluding argument, and not until the “submissions” phase of the trial, which comes after all evidence has been presented, including cross-examinations. This is when you have the opportunity to persuade the judge why he or she should decide the case in your favour. This is the time when you make submissions to the trial judge about the conclusions you believe the judge should reach based upon the evidence previously presented. Submissions (Interpretation or Concluding Arguments) PhaseĪfter all evidence has been presented, the plaintiff and defendant will have the opportunity to present concluding arguments. The parties may also “read in” evidence given by the opposite party at an examination for discovery. That type of presentation is “legal argument”, and comes later, during the “submissions phase” of the trial. This means that while you are the witness you will only be able to provide factual information, and cannot interpret the evidence, explain the legal issues or indicate why you feel the court should make a decision in your favour. While you are a witness, you will be testifying just like any other person and you will not be allowed to argue your case. You must have your witnesses available at the courthouse and ready to proceed. You may testify yourself, and may also have other persons give evidence on your behalf. You decide who will take the witness stand and testify in support of your own case. However, the plaintiff should not “save” witnesses to testify in reply after the defendant’s evidence – the right to call a witness in reply is limited, and only occurs if the defendant raises something which was not addressed by the plaintiff’s witness. The defendant may cross-examine each of the plaintiff’s witnesses.Īfter the plaintiff’s witnesses have testified, the defendant (may make an opening statement and) will call their witnesses.įollowing presentation of the defendant’s evidence, the plaintiff has the right to call reply evidence to respond to any new matters which arise in the defendant’s case. The defendant may choose to do so at that time or may decide to wait until the plaintiff’s case is complete and give an opening statement at the beginning of the defendant’s own case.ĭuring this stage of the trial, the parties may call witnesses to give evidence and present documents to establish the facts they feel the trial judge needs to know in order to decide the case. What the plaintiff says in an opening statement is not itself evidence and cannot be relied upon to prove any of the facts that must be established in the action.Īfter the plaintiff’s opening statement, the defendant will have an opportunity to make an opening statement. The plaintiff may begin with an opening statement, which gives an overview of the plaintiff’s case, including what judgment or order the plaintiff wants the judge to make. greater than a 50% chance), it would be correct to rule in favour of the plaintiff. 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. There are additional procedures that only apply to jury trials, which are not described in this document. They briefly summarize procedures to be followed at trial. These instructions are directed to parties who are not represented by legal counsel. ![]()
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