Advocacy, Court Practice and Case Management
This domain tests procedural competence and courtroom skill: choosing the right court and process, complying with time limits, managing the case to trial, and presenting it persuasively and ethically.
Getting the process right
Know the hierarchy: Supreme Court, Court of Appeal, High Court with its divisions, Circuit Court and District Court. Check subject-matter and monetary jurisdiction and the proper venue before filing. Civil procedure in the High Court and Circuit Court is governed by the High Court (Civil Procedure) Rules 2004 (C.I. 47), and in the District Court by the District Court Rules (C.I. 59). Choose correctly between writ of summons, originating motion and petition. Serve properly and compute every time limit from the date of service, not the date of filing.
Case management
Attend case management and pre-trial, comply with directions, consider the ADR referral the rules encourage, exchange witness statements and documents, and prepare a chronology and bundle that the court can follow.
Advocacy
Know your three best points and the order you want. Open with the conclusion, then take the court to the key document. Examine in chief from the proof of evidence, cross-examine one fact at a time, and object on admissibility rather than on dislike of the question. Correct an error at once and never communicate privately with the judge.
Worked example
A defendant fails to enter appearance in time under C.I. 47. Reasoning: the plaintiff may apply for judgment in default, but only if service was proper, the claim is within jurisdiction and the process is regular. If the defendant later applies to set aside, the court has discretion and will consider the reason for default, delay and whether a defence with a triable issue exists. Check the proof of service before applying, because a default judgment set aside for bad service wastes costs and credibility.
Traps that cost marks
Wrong court or wrong process. Filing after the limitation period, six years in contract under NRCD 54. No proof of service. Arguing evidence from the bar instead of through witnesses. Ignoring a costs order.