Order 49 - Trial Flashcards
49.01 order of evidence and addresses
Where burden on P for any question, P goes first, and vice versa
Beginning party gives opening address and adduces evidence
Where in first parties case, no doc/thing admitted in evidence on tender by opposite party, and at conclusion of that case, the opposite party adduces evidence, the opposite party may first make an opening address and after adducing that party’s evidence, the opposite party may make a closing address and thereafter the party who began may make a closing address.
Where in first parties case, no doc/thing admitted in evidence on tender by opposite party, and at conclusion of that case, the opposite party does not adduce evidence, the party who began may make a closing address and then the opposite party may make an address.
Where document/thing admitted in evidence on tender by opposite party during first party’s case, and at conclusion of that case, opposite party adduces evidence in their own case, the opposite party may first make an opening address and after adducing that party’s evidence, the opposite party may make a closing address and thereafter the party who began may make a closing address.
Where document/thing admitted in evidence on tender by opposite party during first party’s case, and at conclusion of that case, opposite party does not adduce evidence, the opposite party may make an address and then the party who began may make a closing address.
(1) Court can give directions as to order of evidence and addresses and generally re: conduct of trial (see case management powers)!
(2) Subject to that:
● (a) Where burden on P for any question, P goes first
● (b) Where burden on D for any question, D goes first
(3)(a) where only 1 P/D, no CC, order shall be as provided below;
(b) otherwise, below applies mutatis mutandis
(4) beginning Party makes opening address, then adduces evidence
(5) Where in the course of first party’s case, no document/thing admitted in evidence on tender by the opposite party, and at the conclusion of that case:
(a) the opposite party adduces evidence, the opposite party may first make an opening address and after adducing that party’s evidence, the opposite party may make a closing address and thereafter the party who began may make a closing address
(b) the opposite party does not adduce evidence, the party who began may make a closing address and then the opposite party may make an address.
(6) Where document/thing admitted in evidence on tender by opposite party during first party’s case, and at conclusion of that case:
(a) opposite party adduces evidence in their own case → proceedings like (5)(a)
(b) the opposite party does not adduce evidence, the opposite party may make an address and then the party who began may make a closing address.
49.02 Absence of party (not be had; proceed; adjourn)
(1) If any party is absent when trial called on, court may:
● (a) Order trial not be had unless proceeding again set down for trial or such other steps taken as court directs
● (b) Proceed with the trial generally or so far as concerns any claim for relief in the proceeding
● (c) Adjourn
(2) Court may set aside or vary any judgment, order or verdict obtained where party is absent at trial. (3) Application for this shall be made within 14 days after trial.
49.03 Adjornmnt of trial
Court can adjourn a trial on such terms as it thinks fit.
49.04 Death before judgment
(1) Where party dies after the verdict or finding on Qs of fact, court can still give judgment. (2) Does not affect rules 9.08 and 9.09.
