b)Procedure at trial:
审讯程序
The Plaintiff may start first which the witness can be called, or the Plaintiff may testify himself. Documents must be produced for both Plaintiff and his witness to identify. As the Affidavits of Evidence-in-chief for all witnesses would generally have been exchanged before the trial, examination-in-chief is usually a very short process. This is followed by the Defendant’s cross-examination (CE)of the plaintiff’s witnesses. If the plaintiff’s witnesses are cross-examined by the defendant, the plaintiff is entitled to re-examine his witnesses. Additional issues that were not raised during CE cannot be brought up.
原告可以以传召证人开始，或自己出庭作证。原告及其证人必须出示文件以确认。由于所有证人的主要证据的宣誓书一般都会在审讯前与对方交换，因此主要审查一般是一个很简短的过程。随后就是被告对原告证人的盘问（CE）。如果原告证人被被告盘问，那么原告便有权力重新盘问证人。不能提出CE期间没有提出的其他问题。
It should be noted that traditionally the witness will give an oral statement, now it is replaced by a written statement, herein refer to the witness statement (as mentioned above) and the other party reserves the right to ask the Examination-in-chief’s (EIC) counsel. The reason behind this is to save the time of the court. During the EIC, the questions to be asked are only limited to those that the document needs to be marked.
需要注意的是，传统上证人会进行口头陈述，如今已被书面陈述取代，以下简称书面陈述，另一方保留询问主考（EIC）律师的权力。这背后的原因时为了节省法庭的事件。在EIC期间，需要问的问题仅限于文件需标记的问题。
After Plaintiff has called all the witnesses and his case is closed. The Defendant will thereafter start his case by repeating the same process.
在原告传召所有证人且他的案件结束后，被告随后将通过重复同样的过程开始他的案件。
The Plaintiff will make a speech in reply. After all the witnesses have given their evidence, the Court may hear oral closing submissions or seek written closing submissions, followed by the decision of the judge at the conclusion of trial which the judge may either allow or dismiss the Plaintiff’s claim. The losing party will have to pay the cost of the successful party.
原告将作答辩。在所有证人提供证据后，法院可以听取口头结案陈词或寻求书面结案陈词，然后在审判结束时法官做出决定，法官可以允许或驳回原告的索赔。败方必须支付胜方的庭费。
c)Order of speeches– O35 r 4
出言顺序– O35 r 4
Plaintiff begins- O35 r 4(2)
原告开始- O35 r 4(2)
Plaintiff shall begin by opening his case. If the Defendant elects not to adduce evidence, then the Defendant will make the last speech. The Plaintiff has the right to reply only on the fresh point of law raised by the Defendant, if there is any.
原告须首先展开他的案子。如果被告选择不提供证据，被告则可以进行最后一次发言。原告有权仅对被告提出新的法律观点做出答复，（若有）。
If the Defendant elects to adduce evidence, the Plaintiff will be the party who makes the last speech. The Defendant then has the right to reply only on the fresh point of law raised by the Plaintiff, if there is any.
如果被告选择举证，原告将是最后发言的一方。然后，被告有权针对原告提出的新法律要点做出答复，（若有）。
Defendant begins- O35 r 4(6)
被告开始- O35 r 4(6)
If Plaintiff who is in defence does not adduce evidence, then the Plaintiff may make the last speech. The Defendant then has the right to reply only on the fresh point of law raised by the Plaintiff, if there is any.
如果进行辩护的原告选择不提供证据，原告可以做出最后一次发言。然后，被告仅有权对原告提出的新法律要点作出答复，如有。
If the Plaintiff elects to adduce evidence, then the Defendant will make the last speech. The Plaintiff then has the right to reply only on the fresh point of law raised by the Defendant, if there is any.
如果原告选择提出证据，被告则将进行最后一次发言。然后，原告有权对被告所提出的新法律要点做出答复，如有。
联系客服
