Civil Trial Court Proceedings

Credit: His Hon. Jeffrey Gazzledorf

1. Pre-Trial Phase

a. Filing of Documents

• Plaintiff files a Statement of Claim (or Writ of Summons) with the court.

• The Defendant is served and must file a Notice of Appearance and a Defence.

b. Discovery

• Both parties disclose all relevant documents to each other.

• Discovery can include written interrogatories, documents, emails, contracts, etc.

c. Mediation or Alternative Dispute Resolution

• Both parties must first discuss a resolution/agreement BEFORE appearing in front of a judge. If no agreement is met, then the case proceeds to a judge’s decision.

2. Trial Phase

a. Call to Order

• The judge enters.

• The matter is called by name.

b. Appearances Announced

• Legal representatives for both parties are called to stand:

• • “I appear for the plaintiff, [Name], instructed by [Firm].”

  • “I appear for the defendant, [Name], instructed by [Firm].”

c. Opening Statements

• Plaintiff’s counsel opens:

• • Outlines the facts, issues, and evidence to be presented.

• Defendant’s counsel then provides their opening remarks in relation to the case.

d. Plaintiff’s Case

• Plaintiff calls witnesses one at a time:

• • Examination(by plaintiff)

  • Cross-examination (by defendant)

  • Re-examination (by plaintiff)

• Documents or exhibits are used as evidence.

e. Defendant’s Case

• Same procedure as plaintiff:

• • Defendant may call witnesses and submit evidence.

  • Plaintiff has right to cross-examine.

f. Closing Submissions

• Plaintiff and defendant both make final legal arguments.

• The judge may ask questions or request clarification.

3. Judgment Phase

a. Judgment Delivered

• The Judge can either return to his chambers to come to a conclusion, or if a decision is already made it can be provided instantly.

b. Orders Made

• Final orders may include:

• • Monetary damages

  • Injunctions or declarations

  • Costs orders (e.g. “Costs follow the event”)

4. Post-Trial

a. Enforcement of Judgment

• If the losing party does not comply:

• • Writ of seizure and sale

  • Garnishee orders

  • Examination hearings

b. Appeals

• The losing party may lodge an appeal within the allowed timeframe.

The appeal court examines errors of law or procedure.