parties - plaintiff

Question 1

plaintiff

Answer 1

the party that initiates a civil claim against another party
as the plaintiff is the party that brings a civil action against the defendant, their primary focus is to prove the defendant is liable

Question 2

roles

Answer 2

• control their own case
• disclosure
• present evidence

Question 3

control their own case

Answer 3

plaintiffs are allowed to have full control of their case (via their legal rep) - referred to as party control
have the authority to determine their cause of action, the selection of evidence, and the choice of witnesses (following the rules of court)

Question 4

disclosure

Answer 4

the responsibility of the parties to ensure all relevant documents are presented to the court as per the civil procedure act 2010 - states that the overarching obligation of the parties in a civil dispute is to disclose the existence of documents that are critical to the dispute

Question 5

present evidence

Answer 5

all parties must present all evidence to the judge throughout the trial, as well as the jury if one is present
in practice, the presentation of evidence and legal arguments is conducted by legal practitioners on the plaintiffs behalf

Question 6

overarching obligations

Answer 6

• act honestly
• not mislead or deceive
• minimise delays