Circuit Court procedures

[nr637]

Hi,

I am just wondering what are the actual procedures when attending the circuit court. Take for example a case between two people over some dispute, maybe anti-social behaviour, property dispute, parking and so on.

Am I right in saying that both parties will have their barristers outline the position for their client to the judge first in regards to the case which may include evidence and arguments.

Does the judge then make a decision based on this or do they speak and maybe question both the plaintiff and defendant alternatively to get their opinion of the issue.

I then presume the judge makes a qualified determination based on this.

Again, this is me having little knowledge or experience of court procedures and would appreciate anyone who has experienced court to advise and explain the correct way things operate.

Regards

 

[Matlock]

Hi,

I am just wondering what are the actual procedures when attending the circuit court. Take for example a case between two people over some dispute, maybe anti-social behaviour, property dispute, parking and so on.

Those are a mixture of civil matters and criminal matters. I'll answer as if you're only talking about civil matters, but if you mean criminal come back to me and I'll answer that.

Am I right in saying that both parties will have their barristers outline the position for their client to the judge first in regards to the case which may include evidence and arguments.

Yup, usually barrister though some solicitors will do it themselves rather than brief a barrister. Plaintiff goes first, presents their evidence, the the defence does the same. Then a summing up by both sides.

Does the judge then make a decision based on this or do they speak and maybe question both the plaintiff and defendant alternatively to get their opinion of the issue.

The judge usually asks questions as they go along rather than keeping them for the end. Generally civil trials are judge only but can sometimes be judge and jury ( for example the current McGregor trial)

I then presume the judge makes a qualified determination based on this.

Yup. Sometimes they'll give their verdict immediately. Sometimes they'll retire to consider it and rule later. Sometimes they'll adjourn to consider and give a finding at a later date ( they often do this in cases that involve a lot of reports or other paperwork.

Again, this is me having little knowledge or experience of court procedures and would appreciate anyone who has experienced court to advise and explain the correct way things operate.

Regards

Any questions, just post them or PM me if that's easier.

 

[BoggyRoad]

As you mention McGregor there Matlock, why is this a civil case.
Is it because the DPP didn’t have satisfactory book of evidence to proceed so the victim took matters into her own hands?

 

[Matlock]

As you mention McGregor there Matlock, why is this a civil case.
Is it because the DPP didn’t have satisfactory book of evidence to proceed so the victim took matters into her own hands?

Yes, the evidence isn't strong enough to prove it beyond reasonable doubt, but there may be enough evidence to prove it on the balance of probabilities.

 

[Handy Run]

@Matlock as an aside, I saw the other day in a case in some state in America some lad waived his right to a jury in a criminal trial (leaving it to a panel of judges like in many European countries).

Is that an option in Ireland? I'd be more confident in judges rather than Joe Public if I was innocent, especially in a high profile case.

 

[Matlock]

@Matlock as an aside, I saw the other day in a case in some state in America some lad waived his right to a jury in a criminal trial (leaving it to a panel of judges like in many European countries).

Is that an option in Ireland? I'd be more confident in judges rather than Joe Public if I was innocent, especially in a high profile case.

I believe you have the right to elect to a judge only trial, but it would be one judge rather than a panel.

I general, juries are more lenient than judges though so everyone generally goes for a jury trial!

 

[nr637]

Thanks for the replies and information . That was very interesting and really good to understand the court format.

 

[Bwana_Dik]

Thanks for the replies and information . That was very interesting and really good to understand the court format.

Not bad for a truck driver is she?

 

[nr637]

Some truck driver m8!

 

[nr637]

Hi Matlock,

Just following up on your very interesting comments.

Will the legal teams see each sides evidence to be used in their arguments?
Are the clients entitled to see medical or engineers reports in advance?
Do clients get briefed on how the court case procedure may happen?
Do you meet your barrister beforehand?
Would you be advised what questions may be asked by a judge?

Regards

N