c)Statement of Agreed facts– O. 34 r2(2)(j)
商定事实的陈述– O. 34 r2(2)(j)
Statement of agreed facts refer to facts which are not disputed by all parties and can be found from the statement of claim and defence. The statement is to be filled in court after the parties have exchanged the drafts between them to be perused, corrected and ultimately finalized. Once admitted, then it is not necessary for the parties to call witnesses to prove the facts stated in the statement of agreed facts
商定事实的陈述是指各方没有提出争议的事情,这可在申索和抗辩书中找到。双方需在交换草稿、审阅、更正并最终定稿号,向法院递交该陈述。一旦接纳,各方就没有必要传召任何证人证明在商定事实的陈述中的任何事件。
d)Statement of Issues to be Tried– O34 r 2(2)(k)
待审问题的陈述 – O34 r 2(2)(k)
Statement of Issues to be tried contains the main legal issues in dispute between parties. It helps the court by leading the trial proceeding to the right direction. The court may finalizes these issues between the parties and fix for them the date upon which the document is to be filed.
待审问题的陈述 包括在双方问题中的主要的法律问题。这将帮助法庭并引领审讯走向正确的方向。法庭将与各方敲定最终问题并预设此文件应呈交的日期。
e)Statement of Witnesses- O. 34 r2(2)(l)-(s)
证供 – O. 34 r2(2)(l)-(s)
The court may utilize the case management session to finalize the list of witnesses between the parties. The court in doing so will evaluate the relevancy of each and every witness that parties intend to call and supervise them in relation to whether the witness should be called.
法庭可利用案件管理会确定当事人间的证人名单。如此,法院将评估各方所打算传唤的每一位证人的相关性,并监督各方是否应该传唤该证人。
The period within which the parties have to exchange and file their list of witnesses, as well as the statement of witnesses who may give evidence at trial. The court may also determine whether an order should be made limiting the number of expert witnesses.
双方在期限内必须交换与提交他们证人的名单以及可能在审判中作证的证人的口供。法庭还可以决定是否下达限制专家证人人数的命令。
f)Mediation– O34 r 2(a)
调解– O34 r 2(a)
In a High Court matter, when both parties agree to go for mediation, the judge will appoint a session court judge to act as a mediator. The mediator will fix appointments for solicitors and if both parties fail to reach a settlement then the case will be referred to the judge.
在高庭的案件中,当双方同意进行调解时,法官将指派一名地庭法官担任调解员。调解员将与律师确定委任及若是当双方无法达成调解协定时暗降将转交给法官。
The parties, counsel and mediator will attend to the mediation. Both parties will propose anything relevant, but they are not bound by rules; they will refer to related documents but not the pleadings. Besides, it is possible that D may propose any order.
当事人、律师和调解员将参与调解。双方将提出任何相关建议,但他们不受规则约束;他们将参考相关文件而并非诉状。此为被告有可能建议任何命令。
4.Course of Trial
4. 审讯过程
After the case management has ended, if the dispute is not resolved out of court, the civil lawsuit will move to trial.
案件管理结束以后,如果争议未能庭外和解,民事诉讼将进入审理阶段。
a)Right to begin [O34 r 4]:
开始的权力 [O34 r 4]:
The court has discretion to direct which party to begin. Normally it will be the Plaintiff who shall begin by opening his case. However, if the burden of proof is on the Defendant then the D is entitled to begin.
法庭有权力指示任何一方开始审讯。一般而言是由原告以开始其案件为起点。然而,如果举证责任落在被告身上那么被告则有权利开始。
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