Trial Procedure and Evidence in Civil Context
Trial procedure and evidence
This domain tests trial conduct and the rules of evidence in civil cases. Expect questions on the order of trial, examination-in-chief, cross-examination, objections, hearsay exceptions, expert evidence and the burden of proof.
Core rules
- The plaintiff presents its case first, then the defendant. Each side examines its own witnesses in chief, cross-examines the other side's witnesses, and may re-examine on matters arising from cross-examination.
- Leading questions are generally prohibited in chief but permitted on cross-examination. Objections must be timely and state the legal ground.
- Hearsay is an out-of-court statement offered for its truth and is presumptively inadmissible. Exceptions include admissions, business records and statements of deceased persons where the criteria are met.
- Experts must be qualified and their opinion must be within their expertise and relevant. Many courts require expert reports to be served before trial.
- The burden in a civil case is proof on a balance of probabilities.
Worked example
A plaintiff tenders an invoice to prove a debt. The defendant objects on hearsay grounds. The invoice is admissible under the business-records exception if it was made in the ordinary course of business, contemporaneously, and by someone with knowledge. The judge must still weigh its reliability.
Traps
- Asking leading questions in chief.
- Objecting after the answer is given.
- Calling an expert without qualifying the witness.
- Confusing the burden of proof with the standard of proof.