Civil Courts Procedure

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  • Created by: Eldred
  • Created on: 03-02-14 19:16
Preview of Civil Courts Procedure

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Civil Procedure
1. In all cases the Claimant must start by sending a letter to the Defendant setting out why
they are claiming and what they want.
2. If no acceptable response is received the Claimant issues a Claim Form at the appropriate
court.
3. The Defendant then has 14 days to file a Defence explaining why they think they are not
liable (this can be extended).
4. Parties will be sent an Allocation Questionnaire to fill in so the case can be tracked and sent
to the correct court.
5. Directions will then be given for the trial. If in small claims court will be in writing and if in
County or High Court will be preliminary hearing (PreTrial Review).
It deals with how long each party has for:
Discovery
Exchange of medical reports
Exchange of witness statements
TRIAL
In a Civil case the burden of proof is on the Claimant and they must prove their case on the
Balance of Probability.
1. The claimant must therefore give evidence first. They are given an Examination in Chief
where their own lawyers ask them questions. There is then a Cross Examination where the
Defendants lawyers ask them questions.
2. Then all the Claimant's witnesses give evidence and are examined in Chief and Cross
Examined.
3. Then the Defendant gives evidence and is examined in Chief and Cross Examined.
4. Then all the Claimants witnesses give evidence and are examined in Chief and Cross
Examined.
5. Then all the Defendant's witnesses give evidence and are examined in Chief and Cross
Examined.
At the end of the trial the Judge decides who wins and if the Claimant wins the Judge will also
decide on the amount of Damages.

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