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Old 06-04-2011, 06:15 AM
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Procedure for Introducing Evidence
[15] After the opening statements, the parties introduce the evidence that they each rely upon. Evidence may consist of testimony from witnesses or the introduction of documents. <O
[16] If you are the applicant, you will have the right to testify and call witnesses to give evidence in support of your case first. Once the applicant's case is closed, the respondent has the right to testify and call witnesses to give evidence in support of the respondent's case.
[17] During your evidence and the evidence of any witnesses that you call, you may produce documents that you or your witness are able to identify and those documents may be entered as exhibits in the trial.
[18] The opposing party may cross-examine each witness that you call. You will have the right to re-examine the witness to clarify matters raised by the cross-examination. You may not raise issues during re-examination that were not discussed by the opposing party during cross-examination.
[19] After your last witness has been called, you will close your case.
[20] In calling witnesses in support of your case, the process outlined in the section "Questioning Witnesses" below will be followed. The introduction of documents as exhibits is dealt with in the section "Documents as Evidence" below.
[21] If you decide to testify, it is customary for you to be the first witness called in your case. If you decide not to testify, you may still be called as a witness by the opposing party pursuant to Rule 23(11). You will be cross-examined by counsel for the other party or the party, (if that party is also self-represented). You will be required to answer all relevant questions subject to certain limitations.
[22] Before you testify, you will be asked to swear an oath or to affirm that you will tell the truth. If you deliberately lie under oath, you may be subject to a charge of perjury, which is a separate criminal offence that bears its own separate penalty.
[23] Because there will be no one in front of you asking questions during your examination in chief (see below under "Questioning Witnesses"), you must plan ahead what you will say. You must rely on your memory rather than reading a prepared statement of evidence. If you need to look at a document created at or about the time of the events in question, in order to remember details, you must first ask the trial judge for permission to do so. You will be required to tell the judge what the document is and why you need to look at it so that the judge can determine if it is permissible. If you want to ensure you do not forget to cover everything, a written outline of the topics that you want to testify about can be used, but you will have to show it to the trial judge and the opposing party first.
[24] If you testify you must be very careful to keep in mind the distinction between "evidence" and "submissions" (see section below entitled "Closing Submissions" for more detail). When in the witness box you must restrict what you say to what you personally saw, heard, did, received, et cetera. You cannot make submissions from the witness box. If you testify, once your evidence as a witness has been completed and you have left the witness stand, you can no longer give evidence without permission from the trial judge, unless you are entitled to give Reply evidence, as set out below.
[25] In summary, you will be heard by the trial judge in only two ways: either as a witness giving evidence from the witness box, or as a self represented party making submissions from the counsel table. You cannot combine the two and must at all times maintain this distinction.
[26] If you do not call witnesses and do not testify, then the decision of the trial judge will be based on the evidence introduced by the other party alone. However, the other party will likely ask the trial judge to use the fact you did not call evidence to conclude that the reason you did not testify or call a certain witness is because had you done so, the evidence given would not have been favorable to you.
Reply Evidence
[27] If the respondent decides to call evidence, after all the respondent's witnesses have been called, the applicant may, in certain limited circumstances, be permitted to lead further evidence to reply to and rebut the evidence that the respondent has introduced. Such evidence is strictly limited to the purpose of replying to evidence of the respondent and may not include evidence that should have initially been part of the applicant's case. If the respondent has made a claim against the applicant, the applicant will be entitled to call evidence to defend the claim in reply.
[28] If the applicant is permitted to call reply evidence, the same procedure will be followed as was used for calling other evidence.