It is often said that a lawyer acts as a ''god": he is expected to know all, display maturity and wisdom, have foresight, be the best, discern between good and evil, proffer ready solutions to issues and always serve the Client(whether convinent or not) etc.
A lawyer trusted with such responsibilities and viewed as a ''god'', obviously needs to act out the role.
One of the fundamental skills to display is reducing into writing a Client's brief. This is carried out under the prescribed form, either stipulated by the applicable Act or Law , or the Rules of court and Practice procedure alongside engaging the use of Precedents.
Upon completion of the drafting process, the document becomes ready for filing.
Where we have a document ripe for hearing in court (Litigation), the following are the preliminary stages at the Court room;
Mention
The is the first stage of every process to be heard. Here counsel informs the court that it is a fresh matter.
In a criminal trial;
1. The defendant enters the box
2. The charge sheet is read to him by the registrar in the language he understands (where he does not understand English, an interpreter is made available). This is in line with Section 36(6) (a), (e) of the 1999 Constitution of the Federal Republic of Nigeria as amended.
3. The defendant takes his plea (either guilty or not guilty).
4. The court gives a date for trial.
NB: The court makes provision for a lawyer where the defendant has none)
Section 36 (6) (c) of the 1999 Constitution (Supra).
Where it is a Civil matter;
1. Parties come to face the judge when they hear their names called by the Registrar.
2.The Counsels announce their appearance. "May it please this Honourable Court/ Respectfully Sir, O.C.R Eagle for the Claimant/Defendant". Where counsels are the Attorneys, they simply inform Court by saying"Claimant's Attorney in Court (mostly for Landlord and Tenancy matters at the Magistrate Court). It is however advisable that parties be in attendance for their cases.
3. Where a party is absent, the Courtorders Hearing Notice to be served. A further date is given for parties to come back either for report of service or hearing as the case may be.
Report of service
Counsel informs court that service has been effected on the other party. Where it has not been effected, court orders same to ensure the other party enjoys his right to Fair Hearing as provided for under Section 3 of the Constitution (Supra). Note however, that where a party refuses service, the counsel can inform court and apply by way of substituted service via a Motion Ex-parte(Read on types of applications to understand). The counsel should however show in his affidavit that adequate steps have been taken to serve the defendant at least thrice, which were not successful.
On the other hand, If service of the Motion paper is successful, counsel should apply for the suit to be set down for hearing/Trial (both words mean the same here). The Court adjourns for hearing and orders hearing notice(s) to be served on the defendant(s).
Hearing/Trial
At this stage, the Claimant opens his case, examination in chief is carried out, then cross-examination, re-examination, final written address before judgment is give to sum up the case(Especially at the Magistrate Court).
If it's a civil case at the High Court, the hearing begins with Pre-Trial conferences. Parties have to file Forms 17&18[Under the High Court of Lagos state (Civil Procedure )Rules]and participate in the Case Management Conference as provided for under Section 25 Of the High Court of Lagos State(Civil Procedure) Rules 2014
Only when it fails can a full trial begin.
Note that every case is peculiar on its own, some have a smooth sail, while others may be bumpy with rulings, pleliminary objections, counter- claims, counter affidavits, reply on points of law etc springing up.
Labels: civil procedure, court, defendant, Hearing, High court, Mention, Nigeria, precedent, report of service, Rules