Whether you are going to trial in Small Claims Court or Queen's Bench Court, understanding how to present evidence to the court and how trials are conducted can improve your chances for success.
Judges determine the outcome of a case based on the law and the evidence before them. Understanding the rules of evidence is key to getting your story before the court.
Court proceedings are quite formal. It is important to understand what is expected of you and how to conduct yourself.
There are rules that both parties must follow when calling witnesses and presenting evidence, including those dealing with the order of the parties, adjournments, cross-examination, documentary evidence and expert witnesses.
Judges will decide a case based on the law and the facts before them. They will consider precedent when interpreting laws and determine whether the burden of proof has been met. They may also award costs.
A judgment is not usually the last step of a civil trial. In some cases an application to set aside the judgment or appeal the matter may be filed. In other cases steps may be required to enforce the judgment.
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