Difference between revisions of "Examination of Witnesses"

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Unless a rule of court provides otherwise, a judge in a civil trial may not exclude a party to the action who intends to testify. In criminal trials, the accused is entitles to remain in courtroom. The accused has to be present to have a trial.
 
Unless a rule of court provides otherwise, a judge in a civil trial may not exclude a party to the action who intends to testify. In criminal trials, the accused is entitles to remain in courtroom. The accused has to be present to have a trial.
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The judge may punish for contempt a witness who deliberately disobeys an exclusion order, but at CL, the judge cannot exclude witness's testimony (goes to weight though) unless a rule of court allows it (there is no such rule in BC).
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If the accused is charged with secual offense and the complainant at trial is under 18 or has difficulty to communicate evidence because of mental or physical disability, the judge may order that the complainant testify outside the courtroom or behind a screen or other device that prevents complainant from seeing the accused (Criminal Code, S. 486 (2.1)).
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A fundamental principle of CL is that the accused is entitled to face his accuser. The judge has discretion to exclude public and proceed in camera for criminal proceedings if it is necessary in interest of public morals, maintenance of order, or proper administration of justice (Criminal Code, S. 486). The judge may also close the courtroom to receive the testimony of a witness, only if there is sufficient evidentiary foundation for an in camera hearing. The court has inherent jurisdiction to allow witnesses to testify in disguise or from behind a screen so that their anonymity will be preserved.
  
 
=Direct Examination / Examination in Chief=
 
=Direct Examination / Examination in Chief=

Revision as of 10:06, 9 July 2012

Ultimately the presentation of testimony is regulated by the trial judge's discretion rather than the rules of law. In most jurisdictions, witnesses are entitled to an interpreter. The order of examination is the following:

1. Direct examination / Examination in chief

2. Cross-examination

3. Re-Examination

Exclusion of Witnesses

Immediately before evidence is given, the counsel may ask the judge to order the exclusion from the courtroom of prospective witnesses in the case. The decision is left to the judge but the exclusion of witnesses is usually allowed unless challenged by the defence.

The order can be made at the preliminary hearing for a civil or criminal trial, but it is inappropriate at a sentencing hearing where guilt was not an issue. After cross-examination though, the witness stays in the courtroom for recall.

Unless a rule of court provides otherwise, a judge in a civil trial may not exclude a party to the action who intends to testify. In criminal trials, the accused is entitles to remain in courtroom. The accused has to be present to have a trial.

The judge may punish for contempt a witness who deliberately disobeys an exclusion order, but at CL, the judge cannot exclude witness's testimony (goes to weight though) unless a rule of court allows it (there is no such rule in BC).

If the accused is charged with secual offense and the complainant at trial is under 18 or has difficulty to communicate evidence because of mental or physical disability, the judge may order that the complainant testify outside the courtroom or behind a screen or other device that prevents complainant from seeing the accused (Criminal Code, S. 486 (2.1)).

A fundamental principle of CL is that the accused is entitled to face his accuser. The judge has discretion to exclude public and proceed in camera for criminal proceedings if it is necessary in interest of public morals, maintenance of order, or proper administration of justice (Criminal Code, S. 486). The judge may also close the courtroom to receive the testimony of a witness, only if there is sufficient evidentiary foundation for an in camera hearing. The court has inherent jurisdiction to allow witnesses to testify in disguise or from behind a screen so that their anonymity will be preserved.

Direct Examination / Examination in Chief

Cross-Examination

Re-Examination

Rebuttal Evidence