JERSEY Law and Practice Contributed by: Marcus Pallot and Eleanor Davies, Carey Olsen
7.2 Case Management Hearings Following the close of pleadings, there will be a direc- tions hearing. This can be scheduled by the parties or the court of its own motion. The purpose is to set down a timetable for each step of the proceedings up to the trial. The court may also give or update direc- tions at the conclusion of other interlocutory hearings. 7.3 Jury Trials in Civil Cases The lack of jury trials or a jury system is a distinctive feature of the Jersey legal system. In place of juries, Jersey has jurats, who are lay magistrates appointed by an electoral college. Jurats need not be legally qualified; however, in order to be eligible for appoint- ment, they must have a “known history of sound judg- ment and integrity which has been consistently dem- onstrated throughout a lengthy professional business or civic life” (Snooks v United Kingdom 2002 JLR 475). The function of jurats in any civil trial is to decide mat- ters of fact, including assessments of damages. Jurats will generally sit in all trials. As an exception to the general rule in Jersey, jury trials are permitted in an assize trial for certain offences. 7.4 Rules That Govern Admission of Evidence As a general rule, any fact required to be proved at the hearing by witness evidence must be proved through the examination of the witnesses orally and in open court. The expectation is therefore that witnesses will attend court and give oral evidence. In practice, writ- ten witness statements in the form of sworn affida- vits and exhibits are exchanged between the parties before trial, the contents of which the witnesses will formally prove at trial. The court has discretion to permit a party to adduce evidence by video link where there is good reason and it is considered to be in the interests of justice. How- ever, it is almost always expected that key witnesses be present for cross-examination in person. Hearsay evidence is admissible in Jersey law, pro- vided that a notice of the party’s intention to lead hearsay evidence is submitted within 28 days of the matter being set down for trial. The fact that such evidence is hearsay, and the degree to which it is
hearsay, should however be made known at trial and taken into account when assessing the weight to be attributed to that evidence. 7.5 Expert Testimony The court may, on the application of a party or the parties, grant leave for expert evidence to be adduced at trial. The question of whether expert evidence is necessary and the extent to which it will be permit- ted in the case is determined in advance of trial at a directions hearing. The court itself may seek expert testimony or guid- ance. This forms part of the court’s full discretion- ary power to receive, at any time before the delivery of judgment, such further evidence as justice may require. In advance of the hearing, the court may limit the num- ber of expert witnesses that may be called. The court will not generally allow expert evidence from more than two different disciplines to be called. 7.6 Extent to Which Hearings Are Open to the Public Please see 1.3 Court Filings and Proceedings . 7.7 Level of Intervention by a Judge Jersey procedure is adversarial, and the conduct of the hearing, presentation of evidence and submission of legal argument are for the parties. However, the judge presiding over the proceedings may (and gen- erally will) intervene to ask questions of the parties, witnesses and advocates. Invariably, in all but the most straightforward matters, the court will reserve judgment from the date of the trial, and will subsequently produce a reasoned judg- ment in writing within a number of weeks. 7.8 General Timeframes for Proceedings There is an expectation that actions should gener- ally be concluded within 12 months, with the most complex cases being concluded within 24 months. However, it is common for more complex cases to take three to four years to conclude at trial.
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