11. What is normally addressed in the preliminary matters of a trial?
preliminary matters
introduction of council
Request the judge accept any amendments to the pleadings
Inform opposition of said amendments
opening statements
cause of action, facts, issues, witnesses to be called, brief outline of the case
tendering evidence
provide the judge with any evidence you intend on using at trial – both sides can agree
on this evidence and provide the judge with just one copy (an all-inclusive book)
agreed upon facts
submissions of facts that are not in dispute
not all agreed upon facts should be submitted in this matter
obvious/undeniable facts should be admitted to narrow down the issues/dispute
agreed upon damages
damagE is the actual loss/injury suffered
damagES are the monetary value of the loss or injury
the two main issues surrounding damage/damages are the quantum and liability
demonstrative evidence
at this time parties can tender diagrams, photographs, etc, that the parties agree to use
order for exclusion
prior to trial, certain parties may be excused – one witness’s testimony may affect
another witness
o excluding witnesses may also expose contradictories when witnesses
independently testify
12. The steps of a trial
The Order of a Criminal Trial
1. Preliminary matters
2. Opening Statements
3. Admissions by defense
4. Crown’s case presentation
5. Motion of no-evidence
6. Defendant’s case presentation
7. Crown seeking to call further evidence
8. Closing
9. Judgement
10. Sentencing
13. The etiquette of the courtroom
Courtroom etiquette is crucial for maintaining professionalism, respect, and decorum in legal
proceedings. Whether you're a lawyer, witness, juror, or member of the public, here are key
guidelines:
1. Dress Appropriately
Legal Professionals: Wear formal business attire. Lawyers should adhere to court-specific
dress codes, often requiring dark suits and white shirts or blouses.
Witnesses and Spectators: Dress conservatively and avoid flashy or casual clothing.
Business casual is a good standard.
2. Arrive on Time
- Late arrivals can disrupt proceedings and may be penalized. Plan to arrive early to
account for security checks and any unforeseen delays.
3. Turn Off Electronic Devices
- Phones, tablets, and other electronic devices should be turned off or silenced. Avoid
using devices unless permitted by the court.
4. Address the Court Properly
- Address judges as "Your Honour" (or the appropriate title based on the jurisdiction).
- Refer to opposing counsel respectfully as "my learned friend" or by their title and
surname.
5. Speak Only When Permitted
- Do not interrupt proceedings or speak out of turn. Wait to be called upon or given
permission by the judge.
6. Maintain Professional Demeanour
- Avoid making facial expressions, gestures, or remarks that might show disrespect or
influence proceedings.
- Stand when addressing the court or when the judge enters or leaves the room.
7. Follow Courtroom Instructions
- Listen carefully to the judge, bailiff, and court clerk for instructions. This includes where
to sit, when to stand, and procedural orders.
8. Respect Confidentiality
- Do not discuss the case with others inside or outside the courtroom, especially if you are
a juror or involved party.
9. No Food, Drink, or Gum
- Eating, drinking, or chewing gum is prohibited in the courtroom.
10. Avoid Distracting Behaviour
- Refrain from unnecessary movement, shuffling papers loudly, or engaging in any activity
that might draw attention away from the proceedings.
11. Follow Specific Jurisdictional Rules
- Different courts may have unique rules of etiquette or procedural norms. Familiarize
yourself with local court rules.
12. Treat Everyone With Respect
- This includes court staff, witnesses, opposing counsel, and members of the public.
14. How to give an opening statement and the elements within it
Through the narration of the ff:
cause of action, facts, issues, witnesses to be called, a brief outline of the case
15. Why it is important to prepare an opening statement even if you may not always give one
first impression on the Judge
introduces the case or cause of action
introduces the parties
states the facts
outlines the legal issues
outlines the relief sought
16. How to prepare your client/witness for trial
In direct examination, the Agent’s task is to help their witness tell the story from their
(the witness’s) perspective.
To do so the witness must feel comfortable and prepared but not appear rehearsed. The
Judge can recognize a rehearsed witness and credibility may be lost
Prep for testimony, presentation, court setting, and cross examination
Make sure that you all have your facts straight and that they are consistent.
Review the facts with the client
Discuss their role and importance in the trial
Highlight key aspects of their testimony and what roll they play in the theme and theory
of
their case.
17. Instructions that you would give a witness to prepare him/her for the examination in chief
and cross-examination; what to do and what not to do
If your witness is nervous, go over the process
with him.
Explain what will happen and the nature of the
proceedings
Explain what the opposition’s job is and what
he/she will try to do.
Offer your witness memory aids of their own
previous statements to jog their memory
What not to do
• Prepare a witness or jog a witness’ memory using statements by other people. This attacks
credibility.
• Have more than one witness
18. How to examine in chief – the acceptable and unacceptable questions
Avoid leading questions on key issues
An opinion is not as powerful as a conclusive, evidence-supported statement
Hearsay is not allowed without a judge’s consents
19. The different ways to address your client/witness and the opposition may, or does know,
and may use against your client
20. How to handle damaging information about your client that the opposition may, or does
know, and may use against your client.
Through cross-examination
The purpose of cross-examination is to:
1. Discredit their damaging testimony
2. To force admission of facts not in their favour.
3. To clarify information
