| Search |
|
|
| About Resource Centre |
| Contact us |
| FAQs on Court Procedure |
| Home |
| Site Map |
|
| Procedures of a trial and hearing |
| 5.1 The opening |
| 5.2 Examination in chief |
| 5.3 Cross-examination |
| 5.4 Re-examination |
| 5.5 Final submission |
| 5.6 Trial or hearing without witnesses |
| 5.1 | The opening |
| It is an introduction of the case to the court. Each side may give its own introduction to the judge before it calls its witnesses to give evidence. It is not absolutely necessary to have an opening. For cases where the facts are very complicated and there are many witnesses, it will be helpful for the parties to give an introduction of their case to the judge before the judge hears the evidence. For simple cases, the opening may be dispensed with and the parties may commence by calling the witnesses to give evidence. The judge will give direction as to whether or not it is necessary to have an opening of the case. |
| 5.2 | Examination in chief |
| At the trial, the Court will hear evidence of witnesses and submissions (arguments or speeches from lawyers for the parties or the parties themselves only if they have no lawyers to act for them) of the parties. Usually, the plaintiff who has the burden of proof will first open the case. He may give evidence himself and call witnesses to give evidence. Alternatively, he may just call his witnesses to give evidence. This process is called the examination in chief by the plaintiff. |
| 5.3 | Cross-examination |
| The defendant may put questions to each of the witnesses after they have given evidence. This process is called cross-examination by the defendant. |
| 5.4 | Re-examination |
| After cross-examination by the defendant, the plaintiff may put questions to the witness to clarify the matters raised in the cross-examination only. This process is called re-examination by the plaintiff. | |
| After all witnesses of the plaintiff have given evidence, the defendant may give evidence himself and call witnesses to give evidence. Alternatively, the defendant may just call witnesses to give evidence, without giving evidence himself. The plaintiff may cross-examine (ask questions) each of the defence witnesses after they have given evidence. The defendant may re-examine (ask question for clarification) the witness after cross-examination by the plaintiff. |
| 5.5 | Final submission |
| After all witnesses have given evidence, the defendant has the right to make final submissions (speeches) to the court. The plaintiff will follow the defendant and make final submissions (speeches) to the court. | |
| The Court may adjourn the case (postpone the hearing) to another date if further information and/or evidence are needed. The Court may pass judgment at the end of the trial or pass/hand down judgment in written form at a later date. |
| 5.6 | Trial or hearing without witness |
| In case of a hearing where no witness will be called to give evidence, the plaintiff will make the speech and argue the case first, followed by the defendant. The plaintiff will have the right to make reply speech to the arguments put forward by the defendant. This form of hearing is common in the Court of Appeal or the Court of Final Appeal because the appeal courts usually hear arguments on law. They do not hear evidence because the fact has been decided by the trial court, which heard the evidence of the witnesses. Only in exceptional circumstances will the appeal courts hear evidence from the parties. | |
| The above are the usual procedures for the trial or hearing. The judge can always give other directions. You must follow the directions of the judge | |
| After hearing the submissions, the court may make the order or pass judgment or pass/hand down the order or the judgment in written form at a later date. |
| Back To Top | |
| Disclaimer This publication is for general reference only and should not be treated as a complete and authoritative statement of law or court practice. Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute legal or other professional advice. Please note: The Judiciary cannot be held responsible for the contents of this publication. |
|