So, you have a Trial date scheduled. What now?
At least thirty days prior to the Trial date, all documents the parties plan to rely upon should be served on the opposing party and Court. Usually, documents that haven’t been served cannot be introduced as evidence, however, some exceptions do apply.
Trials are being heard in person, unless there is a valid reason that the Trial should take place by Zoom. A Motion needs to be brought and leave of the Court must be obtained for a Trial to take place by Zoom, otherwise, Trial in person it is!
The Deputy Judge, Court Clerk(s), the Plaintiff(s), Defendant(s) and their legal representatives (if any) are the only parties present in the Courtroom at the start of a Trial. All witnesses (who are not the Plaintiff or Defendant) are required to wait outside the Courtroom and are only called in once it is their turn to testify. This is to ensure no witnesses hear the testimony of other witnesses.
At the start of the Trial, the parties will give their opening statements which outlines their case, starting with the Plaintiff.
Once opening statements are made, the Plaintiff will start calling their witnesses. The witness is sworn in, either by Oath or swearing on a Holy book. They then identify themself for the Court by providing their name and spelling it out for the record.
Examination in Chief is the term used to describe the questioning of a party’s own witnesses. Cross Examination is the term used to describe the questioning of a witness by the opposing party.
Once the Plaintiff completes Examination in Chief and the Defendant concludes their cross examination, it is the Defendant’s turn to call their witnesses.
Once testimony has concluded, closing arguments (or submissions) are then made by the parties.
The parties will make their final argument to the Court based upon the testimony and evidence submitted to the Court as to why they should reign supreme!
Depending upon the time the Trial concludes that day and the complexity of the issues, it is at the Deputy Judge’s discretion to allow arguments to be made orally that day or in writing.
If submissions are made in writing, a timeline is provided for both parties to deliver their submissions to the Deputy Judge for consideration.
A Deputy Judge has up to six months to deliver their decision from the date the Trial took place, regardless of if submissions were made orally or in writing.
Once a decision is delivered, the parties will then make cost submissions. The successful party will make submissions for the maximum costs they can claim, and the unsuccessful party will argue why the successful party isn’t entitled to the costs requested. The Deputy Judge will then make an Order as to costs.
It should be noted that not all Trials are completed in a day. If a Trial goes into day two, etc., that date is set to the next available date the Deputy Judge is available and can take several months to be heard.
The Trial process is quite extensive, however, with proper preparation and organization, the Trial should progress smoothly….you hope.
Murray Brown, Licensed Paralegal