The Parties In A Civil Case

Question 1

The parties in a civil case?

Answer 1

• In a civil trial, parties have complete control of how they conduct their case given that they comply with the rules of evidence and procedures. This is called party control.
• The civil procedures act 2010, was introduced to modernise and reform laws and processes related to civil hearings.
• There was also overarching obligations on parties all legal practitioners to improve standards of conduct.

Question 2

What are the duties of the parties?

Answer 2

• The plaintiff has the specific roll of proving the facts of the case, given that they carry the burden of proof.
• If the defendant makes a counterclaim, it is their responsibility to prove the counterclaim.
• The facts of both parties will need to be established on the balance of probabilities.

Question 3

Responsibilities of the parties: Make an opening and closing address?

Answer 3

• Both parties will give an opening and closing address, which will outline and summarise the case of each party.
• Generally the plaintiff presents first, however the judge can change the order

Question 4

Responsibilities of the parties: present the case to the judge or jury?

Answer 4

• The parties will present their case to the judge or jury.
• Most of the trial time is taken up through presenting cases with lay and expert witnesses
• Each witness can give evidence orally, and may be subject to questioning

Question 5

Responsibilities of the parties: comply with overarching obligations?

Answer 5

• There are 10overarching obligations in the civil procedures act. They include toe obligations to use reasonable endeavours to resolve disputes, disclose the existence of critical documents and act in a way that minimises delay and does not mislead anyone.
• Parties must comply with these obligations throughout the whole trial.