How trial procedures are conducted

How trial procedures are conducted?

The onus of proving a fact lies on the person who asserts that fact. In civil cases, a party on whom the burden of proving a fact lies may discharge that burden by proving to the Court such fact on a balance of probabilities.

Evidence may be either oral evidence or documentary evidence. Oral evidence shall be given by witnesses on oath or affirmation as regards facts which they may have perceived by any one of the five human senses. In certain circumstances, for example in the case of expert witnesses, they may give evidence as to their opinion as regard a fact in issue.

As a general rule, a document is admissible if the maker of the document is called to testify that he is the maker. Otherwise the contents of the document may be regarded as hearsay.

Hearsay evidence may be tendered (a) where the parties agree on its admissibility or (b) where it is shown that the person making the statement or document is not available by reason of being overseas and it would be too inconvenient or expensive to call him or (c) if the person is dead or (d) otherwise incapable of giving evidence.

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