Both parties must arrive at the court in time for the hearing date and bring the relevant original documents and, if applicable, photocopies for the judge and, if applicable, for the other party. Your witnesses should accompany you. The lobby bulletin board on the ground floor indicates which court is hearing your case. The main hearing concerns the examination of a witness in court by the party who called him or her to testify. The purpose of examination-in-chief is to present the witness` testimony to the court. This evidence may then be challenged later by cross-examination by the opposing party. After cross-examination, a new hearing may be granted to clarify the evidence. Some witnesses will testify on the witness stand at trial, but there are a number of „special measures“ that allow testimony to be testified elsewhere, such as: live video link testimony from another location or pre-recording of witnesses, thus avoiding the need for the witness to be present in the courtroom at the hearing. Unless a witness is considered hostile, he or she cannot be cross-examined during his or her testimony.
In other words, if the prosecution calls a witness who does not provide the expected evidence, it is not possible for the prosecutor to cross-examine that witness by asking him why he did not mention what was in his written statement. The same applies to witnesses summoned by the defence. When the examination-in-chief is over, the prosecutor or defence counsel will usually say something along the lines of „There are other issues for you“ (especially if they know there will be other questions), signaling that they are over and that cross-examination by the opposing party will begin. During the main hearing, no questions should be asked to invite a witness to testify who is inappropriate hearsay. Inadmissible hearsay evidence occurs when a witness tells the court what someone else said in order to establish the veracity of the other person`s testimony. Proof of what someone else has said is not inappropriate hearsay if it is given for purposes other than to establish the veracity of the statement. If the witness has become hostile (by deliberately refusing to give the testimony requested of him in his or her main testimony), he or she may be treated as an enemy witness upon request to the judge. Hostile witnesses may be cross-examined by the party who called them on the basis of the content of a statement made previously. Direct examination techniques are taught in courses on legal representation. [1] Each direct investigation is integrated into the overall strategy of the case, either through a theme and theory, or, for more advanced strategies, through a line of effort.
[2] During the trial, you must address the judge as „Your Honour“ (in the District Court) or „My Lord/My Lady“ (in the High Court). You must also address witnesses and your opponent as „Mr.,“ „Madame,“ or „Miss.“ Do not use threatening or offensive words in the courtroom. The written testimony of a witness who is summoned is not given to the jury or judge at trial (except in exceptional situations), so it depends on what the witness actually says in his or her testimony. For this reason, a witness who does not provide evidence on an important issue may pose a real problem for the calling party. Trial: The plaintiff must begin by asking questions about the name, address, relationship of the witness to the parties or the proceeding and, in the case of an expert witness, qualification. Subsequently, the applicant must ask questions relevant to the facts of the case. When witnesses are called to testify, they are invited by the party who wishes to rely on their testimony to testify about what happened (if they are factual witnesses) or their expert report (if they are expert witnesses). A child may testify in criminal proceedings if the court can prove that he or she understands the duty to tell the truth when testifying. This can be determined in any way appropriate to the age and maturity of the child. A child does not have to take an oath or make an official statement. When conducting a general inspection, you must be careful not to ask questions in a way that is not allowed. This usually results in the other party objecting, disrupting the flow of your evidence and affecting the effect of the witness.
It is important that the jury or judges hear the witness` report, not a report formed by the lawyer asking the questions (conducting the trial). For this reason, neither the prosecution nor the defence can „guide“ a witness through the disputed parts of their main evidence, i.e.: They cannot ask questions that feed or suggest the desired answer or presuppose facts that have not yet been proven in court. The lawyer conducting the examination-in-chief cannot bring a witness (i.e.