Pre-trial hearing: what it is and how to prepare for it
Posted: Thu Feb 20, 2025 5:07 am
A nightmare for some or the magic of the law being put into practice? For many, the evidentiary and trial hearing seems peculiarly intimidating. This may be the first time that the new lawyer appears before the judge. This moment serves to present evidence of his/her interest or to contradict the production of evidence by the “opposing” party in the process.
I put adversary in quotation marks, since I understand Civil france mobile database Procedure as a game. A game in which whoever makes the best use of their chances gets the most satisfactory result for their client at the end of the game.
Index
What is the preliminary hearing and what is it for?
In what type of action will the evidentiary and judgment hearing be held?
Is there a possibility of conciliation? Who speaks first at the hearing?
The importance of witnesses and how to deal with them
Condition/bias of witnesses
Study the list of other witnesses and identify controversies
Study the case and outline arguments. Prepare witnesses
Recording of the preliminary hearing and judgment
Postponement of the evidentiary hearing
Prepare for closing arguments
What is the preliminary hearing and what is it for?
Having made this brief introduction, let's get to the point. The evidentiary and judgment hearing is the ceremony/event that serves to collect the testimonies of the witnesses listed by the plaintiff and defendant in the action.
It is certain that the procedure provided for in the Code of Civil Procedure , in its articles 358 to 368, serves a single pretext: to produce oral evidence. This is necessary because the hearing of witnesses serves to delimit the controversial facts of the dispute. In other words, to prove the facts under discussion in that Court.
It also serves to ensure that the plaintiff and defendant are heard, through the personal testimony of the parties, or to question experts who produced technical evidence within the process.
In what type of action will the evidentiary and judgment hearing be held?
Here it is necessary to distinguish between cases that can (and should) be judged in advance. Thus, it is necessary to consider the principles of procedural economy, reasonable duration of the proceedings and cases in which oral evidence is essential for the correct judgment of the case.
Actions based on abundant documentary evidence, without the need to prove the facts through testimony, must be judged immediately. Those that deal solely with questions of law, and not of fact, must also be judged, as provided for in article 355 of the same CPC.
The analysis of the essential nature of the production of evidence is carried out by the judge. It is up to him to determine, through a sufficiently reasoned decision, that the case does not require further evidence for the judge to express his free and motivated conviction.
In practice, a lawsuit for compensation due to undue negative listing will hardly have an evidentiary hearing and judgment. However, a lawsuit involving a traffic accident requires oral evidence of the facts to be provided in order to assign responsibility for the unlawful act. In other words, oral evidence is essential to prove the facts.
Is there a possibility of conciliation? Who speaks first at the hearing?
In the evidentiary and judgment hearing, the procedure begins with the judge announcing the parties, calling the plaintiff and defendant to the courtroom. There, conciliation between the parties is first attempted.
Any opportunity to bring together the plaintiff and defendant in the same room should be seen as a possibility for self-composition. In the event of an agreement, the Judge records the agreement between the parties in the minutes of the hearing, with the document serving as a draft of the agreement signed by all those present.
If conciliation is unsuccessful, the statements will begin to be taken. First, any expert appointed by the Court will be heard, followed by the plaintiff and defendant, if personal statements have been requested by the parties.
Finally, the witnesses are heard, first the plaintiff and then the defendant. The order of the statements is set out in the law and is provided for in article 361 of the CPC.
I put adversary in quotation marks, since I understand Civil france mobile database Procedure as a game. A game in which whoever makes the best use of their chances gets the most satisfactory result for their client at the end of the game.
Index
What is the preliminary hearing and what is it for?
In what type of action will the evidentiary and judgment hearing be held?
Is there a possibility of conciliation? Who speaks first at the hearing?
The importance of witnesses and how to deal with them
Condition/bias of witnesses
Study the list of other witnesses and identify controversies
Study the case and outline arguments. Prepare witnesses
Recording of the preliminary hearing and judgment
Postponement of the evidentiary hearing
Prepare for closing arguments
What is the preliminary hearing and what is it for?
Having made this brief introduction, let's get to the point. The evidentiary and judgment hearing is the ceremony/event that serves to collect the testimonies of the witnesses listed by the plaintiff and defendant in the action.
It is certain that the procedure provided for in the Code of Civil Procedure , in its articles 358 to 368, serves a single pretext: to produce oral evidence. This is necessary because the hearing of witnesses serves to delimit the controversial facts of the dispute. In other words, to prove the facts under discussion in that Court.
It also serves to ensure that the plaintiff and defendant are heard, through the personal testimony of the parties, or to question experts who produced technical evidence within the process.
In what type of action will the evidentiary and judgment hearing be held?
Here it is necessary to distinguish between cases that can (and should) be judged in advance. Thus, it is necessary to consider the principles of procedural economy, reasonable duration of the proceedings and cases in which oral evidence is essential for the correct judgment of the case.
Actions based on abundant documentary evidence, without the need to prove the facts through testimony, must be judged immediately. Those that deal solely with questions of law, and not of fact, must also be judged, as provided for in article 355 of the same CPC.
The analysis of the essential nature of the production of evidence is carried out by the judge. It is up to him to determine, through a sufficiently reasoned decision, that the case does not require further evidence for the judge to express his free and motivated conviction.
In practice, a lawsuit for compensation due to undue negative listing will hardly have an evidentiary hearing and judgment. However, a lawsuit involving a traffic accident requires oral evidence of the facts to be provided in order to assign responsibility for the unlawful act. In other words, oral evidence is essential to prove the facts.
Is there a possibility of conciliation? Who speaks first at the hearing?
In the evidentiary and judgment hearing, the procedure begins with the judge announcing the parties, calling the plaintiff and defendant to the courtroom. There, conciliation between the parties is first attempted.
Any opportunity to bring together the plaintiff and defendant in the same room should be seen as a possibility for self-composition. In the event of an agreement, the Judge records the agreement between the parties in the minutes of the hearing, with the document serving as a draft of the agreement signed by all those present.
If conciliation is unsuccessful, the statements will begin to be taken. First, any expert appointed by the Court will be heard, followed by the plaintiff and defendant, if personal statements have been requested by the parties.
Finally, the witnesses are heard, first the plaintiff and then the defendant. The order of the statements is set out in the law and is provided for in article 361 of the CPC.