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Processo / udienza procedura civile

  • Note di Apprendimento
  • Revisione degli argomenti
    Charles M.
    GB
    Charles M.

    The civil trial/hearing procedures are: The judge calls out the names of the parties and their legal representatives • A jury is not normally used but may be and will be empanelled if needed. Six members are sufficient. • The plaintiff counsel gives an opening address and outlines the case for the plaintiff. He will highlight any important documents and points of law. • The plaintiff or counsel will call witnesses. Each witness is examined by the plaintiff counsel and defendant counsel. The witness will be examined in chief by the plaintiff and then cross examined by the defendant and re-examined by the plaintiff. • The case may be adjourned until the judge and the parties have met at and viewed the scene of the civil wrong to investigate defenses. • A submission of no case to answer may be submitted by the defense counsel. • The defense counsel make an opening address outline the case for the defense. • The defendant or representative calls witnesses. • Each witness is examined by the plaintiff and defendant. The defense counsel presents the defendant case. Witnesses are examined in chief by the defendant, cross-examined by the plaintiff and re-examined by the defendant. • The defendant's counsel will make a final address summing up their case and appeal to the judge or jury. • The plaintiff makes his final address summing up his case. If the defense submitted no evidence, the plaintiff goes first. • If a jury is present the judge sums up the case to the jury explaining the points of law and how they relate to the case before the court. The jury will then retire to consider the verdict. • A jury will deliberate and present their verdict and decide on the remedy if the plaintiff is successful. If there is no jury the judge will reserve judgment and take time to consider the case more fully.

    Peter Awuni A.
    GH
    Peter Awuni A.

    List the procedure for civil trial hearing

    Louis M.
    ZA
    Louis M.

    Jury considers and returns its verdict and assesses damages (if no jury, judge determines verdict and assesses damages). Successful party may request to the court that the losing party pay costs. Court awards costs at its discretion

    Joseph S.
    UG
    Joseph S.

    Civil trial/hearing procedure Most civil hearings are conducted without the use of a jury, heard before a judge alone (tort and contract cases may be heard with a jury). The standard of proof in a civil hearing is "on the balance of probabilities" (i.e. one side's case is more probable than the other). The burden of proof rests with the plaintiff (i.e. the party bringing the matter to court). If a civil jury is used, it will be comprised of six members. Jury of 6 empanelled. Plaintiff's counsel will outline a list of the facts and highlight any important documents and points of law. Plaintiff presents case by calling and questioning witnesses: examination-in chief. Witnesses are cross-examined by defendant's counsel. Witnesses are re-examined by plaintiff's counsel. Counsel for the defendant may submit there is no case to answer. Judge will accept or reject this submission. If accepted, the judge will recommend to the jury it dismiss the case in directing them on issues of law. If rejected, defendant's counsel is presented by calling and questioning witnesses: examination-in-chief. Witnesses are cross-examined by plaintiff's counsel. Witnesses are re-examined by defendant's counsel. Counsel for the plaintiff will summarise their evidence for the court. Counsel for the defendant will summarise their evidence for the court. Judge will summarise the evidence and direct the jury (if present) on the relevant law. Jury considers and returns its verdict and assesses damages (if no jury, judge determines verdict and assesses damages). Successful party may request to the court that the losing party pay costs. Court awards costs at its discretion.

    Sione Siotonu F.
    TO
    Sione Siotonu F.

    Civil hearling mostly are conducted by a judge alone.Tort and contract cases may heard with a jury but mostly is done by the judge.

    Queenielyn C.
    JP
    Queenielyn C.

    Civil trial/hearing procedure Most civil hearings are conducted without the use of a jury, heard before a judge alone (tort and contract cases may be heard with a jury). The standard of proof in a civil hearing is "on the balance of probabilities" (i.e. one side's case is more probable than the other). The burden of proof rests with the plaintiff (i.e. the party bringing the matter to court). If a civil jury is used, it will be comprised of six members. Jury of 6 empanelled. Plaintiff's counsel will outline a list of the facts and highlight any important documents and points of law. Plaintiff presents case by calling and questioning witnesses: examination-in chief. Witnesses are cross-examined by defendant's counsel. Witnesses are re-examined by plaintiff's counsel. Counsel for the defendant may submit there is no case to answer. Judge will accept or reject this submission. If accepted, the judge will recommend to the jury it dismiss the case in directing them on issues of law. If rejected, defendant's counsel is presented by calling and questioning witnesses: examination-in-chief. Witnesses are cross-examined by plaintiff's counsel. Witnesses are re-examined by defendant's counsel. Counsel for the plaintiff will summarise their evidence for the court. Counsel for the defendant will summarise their evidence for the court. Judge will summarise the evidence and direct the jury (if present) on the relevant law. Jury considers and returns its verdict and assesses damages (if no jury, judge determines verdict and assesses damages). Successful party may request to the court that the losing party pay costs. Court awards costs at its discretion.

    Christey W.
    US
    Christey W.

    The civil hearings are conducted without the use of a jury, is heard before a judge alone, and the standard of proof is on the balance of probabilities, and the burden of proof rests with the plaintiff. The civil jury consist of six members. The plaintiff counsel will outline facts, highlight important documents, and points of Law. The court award costs at its discretion.

    Abraham M.
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    Abraham M.

    What are the Civil trial/hearing procedure?

    Charmaine W.
    AU
    Charmaine W.

    Some systems, including the English and French, allow governmental persons to bring a criminal prosecution against another person, prosecutions are nearly always started by the state, in order to punish the accused. Civil actions, on the other hand, are started by private individuals, companies or organizations, for their own benefit. In addition, governments (or their subdivisions or agencies) may also be parties to civil actions. The cases are usually in different courts.

    Zachary B.
    US
    Zachary B.

    What are some civil trial hearing procedures?

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