Outcome 2- Civil Trial Procedures + Civil Pre Trial Procedures

Question 1

Step 1

Answer 1

Calling on- of the case by the judges associate

Question 2

Step 2

Answer 2

Legal rep of each party announcing for whom they act

Question 3

Step 3

Answer 3

Empanelling and swearing a jury if one has been requested

Question 4

Step 4

Answer 4

Witness ordered out

Question 5

Step 5

Answer 5

Opening address by plaintiffs counsel

Question 6

Step 6

Answer 6

Plantiffs counsel presents case

• Examination in chief
• Cross Examination by defendants counsel
• Re examination by plaintiffs counsel

Question 7

Step 7

Answer 7

Opening address of defendants counsel

Question 8

Step 8

Answer 8

Defendants counsel presents case

• Examination in chief
• Cross Examination by defendants counsel
• Re examination by plaintiffs counsel

Question 9

Step 9

Answer 9

Closing address by defendant and plantiffs counsel

Question 10

Step 10

Answer 10

Jury considers verdict.
If plantiff is successful , the jury grants a remedy to the plantiff may order the defendant to pay the costs of the plantiff

Question 11

Civil Pre-Trial Procedures (Pleadings: Writ)

Answer 11

The writ is made by the plantiff and explains the action that will be taken against the defendant. It provides basic details to the defendant including the mode of trial (judge or judge and jury), the place of trial, and how long the defendant has to file a notice of appearance.

Question 12

Civil Pre-Trial Procedures (Pleadings: Notice of Appearance)

Answer 12

A notice of appearance is a simple document that states that the defendant wishes to defend the case.

Question 13

Civil Pre-Trial Procedures (Pleadings: Statement of Claim)

Answer 13

A statement of claim gives details of the claim made by the plaintiff, and is often attached to the writ. It is prepared by the plaintiff

Question 14

Civil Pre-Trial Procedures (Pleadings: Statement of Defence)

Answer 14

The statement of defence gives details of the defence being put forward by the defendant that are claimed by the plaintiff.

Question 15

Civil Pre-Trial Procedures (Pleadings: Counter Claim)

Answer 15

A counterclaim is optional for the defendant, if he or she thinks they have a claim against the plaintiff

Question 16

Civil Pre-Trial Procedures (Discovery Process)

Answer 16

The discovery stage allows the parties to find out further information on matters that remain unclear. This stage includes

• Discovery of documents
• Interrogatories
• Discovery by oral examination
• Medical examinations

Question 17

Civil Pre-Trial Procedures (Directions Hearings)

Answer 17

Directions hearings may occur when the court wants to give any directions to the parties about the conduct of the civil proceeding. The court may require the parties to undertake further steps to enable the parties to get ready for trial. These are known as ‘directions’.

For example, the court may order the parties to attend mediation by a certain date in an attempt to resolve the dispute.

Question 18

Civil Pre-Trial Procedures (Certificate of Readiness for Trial)

Answer 18

The Civil Procedure Act requires the parties to file two certifications with the court at the time These certifications are:

• A proper basis certification
• An overarching obligations certification

Question 19

Pre Trial Procedures in the Magistrate Courts

Answer 19

Civil claims up to $100000 will be heard in the Magistrates’ Court. Claims less than $10000 will be dealt with using the process of arbitration

Question 20

Pre Trial Procedures in the Supreme or County Court.

Answer 20

For claims over $100 000, the parties can choose to have their case heard in the County Court or the Supreme Court.

Question 21

Pleadings (Define)

Answer 21

The purpose of pleadings is to give the court a written record of the case and to inform the
parties of the claims being made and the defences raised. Pleadings includes a writ, notice of appearance, statement of defence and counter claim.