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Difference between revisions of "Small Claims Trials (20:XIV)"
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→2. Court Room Layout
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=== 2. Court Room Layout === | === 2. Court Room Layout === | ||
The judge’s bench is usually elevated above the rest of the court so the judge has a good view of the proceedings. The litigants’ table is in front of the judge, and the parties will come and sit there when their case is called. Often there is a raised lectern to hold papers when a litigant stands to ask questions. The court | The judge’s bench is usually elevated above the rest of the court so the judge has a good view of the proceedings. The litigants’ table is in front of the judge, and the parties will come and sit there when their case is called. Often there is a raised lectern to hold papers when a litigant stands to ask questions. The court clerk's table is beside the witness box and between the litigants’ table and the judge’s bench. The witness box will be on either the judge’s left or right. The public gallery will fill up the remaining part of the courtroom. Parties will wait in the gallery until their case is called. | ||
There will be microphones throughout. They do not amplify your voice and are for recording purposes only. '''Speak at a moderate speed and project your voice.''' | |||
=== 3. Check-In Procedure === | |||
The court clerk will ask ahead of time for the names of each party and, if they have one, their lawyer. Each party must tell the court clerk or judge as soon as possible if there are any preliminary motions or applications that should be heard first, whether there are any problems with witnesses and possible delays, and whether the number of witnesses or issues has changed from the settlement conference. This will help to determine the schedule of cases for the day and avoid as many delays as possible. | |||
If all matters on a given day proceed to trial, the courtroom will often be overbooked, and you will be asked about the urgency of your trial. If you are not heard first, you may be given a choice to wait and see if another judge becomes available, or to adjourn to another date. If the trial has been previously adjourned, or expert or out of town witnesses are present, the trial will likely be given priority. | |||
When the clerk has everyone organized, the judge will be called in. The clerk will announce, “order in court” and everyone must stand. The judge will bow before sitting and all parties should then bow in return before sitting. Next, the court clerk will call out the name of a case, at which time all parties in that case will come to the front and identify themselves to the judge. | |||
=== 4. General Order of Proceedings === | |||
==== a) Preliminary Motions ==== | |||
==== b) Claimant’s Case ==== | |||
*Claimant’s opening statement | |||
*Claimant’s direct examination of its witnesses | |||
*Defendant’s cross-examination of the claimant’s witnesses | |||
*Claimant’s re-examination of its witnesses | |||
*Defendant’s re-examination of the claimant’s witnesses | |||
==== c) Defendant’s Case ==== | |||
*Defendant’s opening statement | |||
*Defendant’s direct examination of its witnesses | |||
*Claimant’s cross-examination of the defendant’s witnesses | |||
*Defendant’s re-examination of its witnesses | |||
*Claimant’s re-examination of the defendant’s witnesses | |||
==== d) Closing Arguments ==== | |||
*Claimant’s closing | |||
*Defendant’s closing | |||
*Claimant’s rebuttal | |||
==== e) Judgment ==== | |||
=== 5. Opening Statement === | |||
The claimant’s opening statement should summarise the facts surrounding the claim, the legal basis for the claim, and the relief that is sought. The defendant’s opening statement should summarise the defendant’s version of the facts and the reasons it opposes the claimant’s claim or the relief the claimant is seeking. | |||
The opening statement should also alert the court to the types of evidence that will be presented and from whom the court will hear. Opening statements should not contain legal arguments and should be as brief as possible. | |||
If there are witnesses other than the parties, the claimant should ask for an order excluding those witnesses from the courtroom. | |||
=== 6. Direct Examination === | |||
When each party is examining its own witness, it is that party’s direct examination. The party calling the witness should tell the court whether the witness will swear or affirm their testimony. | |||
Witnesses can be led on matters that are not in issue (e.g., their name, where they work, etc.). Leading questions tend to be ones where the answer is either yes or no. Leading the witness at the start will help the witness to relax. | |||
