CIVIL TRIAL PROCEDURE AOS 2

Question 1

13 steps of The courtroom procedure for civil claims in the County Court and the Supreme Court

Answer 1

calling-on of the case

empanelling and swearing-in of the jury

witnesses

view

opening address

plaintiff’s counsel presents his or her case

opening address

defendant’s counsel presents his or her case

closing address

closing address

if there is a jury

jury

if the plaintiff is the successful party

Question 2

Calling on of the case

Answer 2

calling-on of the case by the judge’s associate in the court (County Court or Supreme Court) – this is the announcement of the commencement of the case when the legal representative of each party announces who they act for by saying: ‘If the court pleases, I appear for the plaintiff/defendant.’

Question 3

If either party has requested a jury, what is step 2

Answer 3

empanelling and swearing-in of the jury

Question 4

What happens to witnesses in step 3

Answer 4

ordered out of the courtroom

Question 5

Optional step 4. VIEW

Answer 5

if applicable, the case may be adjourned until the judge (and jury if present) and the parties to the case have met at the scene of the civil wrong to investigate evidence

Question 6

First opening address by

Answer 6

Plaintiffs council

Question 7

Plaintiffs counsel presents his or her case

Answer 7

Examination in chief
Cross examination
Reexamination

Question 8

2nd opening adress by

Answer 8

The defendants counsel

Question 9

Defendants counsel presents his or her case

Answer 9

Examination
Cross examination
Reexamination

Question 10

1st closing address

Answer 10

by the defendant’s counsel (order of closing addresses reversed where defence presents no evidence – plaintiff sums up followed by summing-up of the defence)

Question 11

2nd closing address by

Answer 11

The plaintiffs counsel

Question 12

Optional if there is a jury step

Answer 12

ADD USING ONLINE OCR TERM 2 HOLIDAYS 2016 YR 11
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Judge directs jury on relevant law and explains burden and standard of proof, the substance of the plaintiff’s case and the defence relied on by the defendant

Question 13

Jury step 2

Answer 13

Retires to consider their verdict if applicable

Question 14

Final step if the plaintiff is the successful party

Answer 14

the jury (or judge if no jury) grants a remedy to the plaintiff and may order the defendant to pay the costs of the plaintiff