Generally civil cases are tried by judge alone and

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Generally civil cases are tried by judge alone, and proceedings conducted by Originating Motion must be tried by judge alone. Why? Right” to trial by  jury of 6 is restricted  to a small category  of common law cases  Rule 47.02(1) : claims in  tort or contract can be  tried by jury if Plaintiff  indorses writ or  Defendant files  written  notice within 10 days of  Appearance
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Place and Mode of Trial Trial by Jury Right to trial by jury of 6 is restricted to a small  category of common law cases (eg tort and  contract) Claims in tort or contract can be tried by jury if  Plaintiff indorses writ or Defendant files  written  notice within 10 days of Appearance  (r 47.02(1))  Court has discretion to dispense with jury  (r  47.02(3)) 10
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Conducting the Trial 11
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Evidence at Trial Evidence of witnesses at trial to be given orally ( r 40.02(b)) Proceeding commenced by originating motion then witness evidence to be submitted by affidavit (r 40.02 (c)) Other examples: specialist lists where witness statements are ordered affidavit at interlocutory hearings or by leave at trial 12
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Evidence at Trial Court has discretion to give directions as to order of evidence and addresses at trial and generally as to conduct of trial ( r 49.01(1) ) The party who bears the onus of proof goes first (usually the Plaintiff) ( r 49.01(2) ) See also: S 26, Evidence Act 2008 13
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