Small Claims Trials (20:XIV): Difference between revisions
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→9. Closing Arguments
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
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It may be necessary to comment on the credibility of witnesses, conflicts in testimony, and the insufficiency of evidence. The comments should be factual and allow the judge to arrive at a conclusion. | It may be necessary to comment on the credibility of witnesses, conflicts in testimony, and the insufficiency of evidence. The comments should be factual and allow the judge to arrive at a conclusion. | ||
It is also important to summarise the relevant law and refer to specific cases that are on point. All case law should have been shared with all other parties well in advance of the trial. | |||
Closing is not an opportunity to introduce new evidence. If something has been omitted, it can only be introduced if the judge grants permission to re-open that party’s case. | |||
=== 10. Judgment === | |||
When the evidence, submissions, and closing arguments are finished, the judge must give a decision. The judge may give a decision orally at the end of the trial, at a later date, or in writing265. The registrar will notify the parties of the date to come back to court for reasons or, if the decision is in writing, when it was filed in the registry266. | |||
When payment from one party to another is part of the judgment, the judge must make a payment order at the end of the trial and ask the debtor whether he or she needs time to pay267. If the debtor does not require time to pay, the judgment must be paid immediately268. If time to pay is needed, the debtor may propose a payment schedule, and if the successful party agrees, the judge may order payment by a certain date or by instalments269. If the creditor does not agree to the debtor’ s proposal, the judge may order a payment schedule or a payment hearing270. | |||
If a payment schedule is not ordered, the debt is payable immediately and the creditor is free to start collection proceedings271. | |||