BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
report; an expert may also produce a witness state- ment in proceedings. Cross-examination of witnesses is common, but it is less common in matters such as judicial review or the hearing of many interim applications. As noted in 1.3 Court Filings and Proceedings , trials are primarily conducted in person. However, Section 186 of the Senior Courts Act, 2022 permits virtual A case management conference is mandatory in all defended claims and must be held within 90 days of filing the defence. At these hearings, usually before a High Court judge sitting in chambers, the court gives directions for the efficient conduct of the case and may resolve substantive matters. Parties are expected to disclose scheduling conflicts and technology needs in advance. The court may impose sanctions for non-compliance with rules or orders. Relief from sanctions is granted only where the default was unintentional, properly explained and accompanied by general compliance. As affirmed in Claim No 244 of 2016 Lopez Equipment Company Ltd v Pasa Belize Ltd , workload or oversight by counsel is not a sufficient excuse. 7.3 Jury Trials in Civil Cases Belize law recognises the notion of jury trials in very limited civil cases but this is seldom used in practice, if ever. 7.4 Rules That Govern Admission of Evidence The best kind of evidence in most cases will be evi- dence that is based on the witness’s first-hand per- ception, involvement or experience. The Evidence Act provides the statutory framework for the admissibility of evidence and competence of witnesses. Hearsay evidence is inadmissible in both criminal and civil tri- als. In addition, parties’ oral or written communications that have been communicated in a genuine attempt to settle litigation tend to attract “without prejudice” hearings or trials in the High Court. 7.2 Case Management Hearings
privilege. At common law, the privilege against self- incrimination is also protected. 7.5 Expert Testimony Expert evidence can only be used by parties with the court’s permission. Once called, an expert is obliged to acknowledge that their first duty is to the court and not to any particular party at whose behest they might be called, and to act accordingly. Under Section 23 of the Senior Courts Act, 2022, the court has the authority to obtain support from accountants, actuaries or scientific experts whenever it deems it necessary to resolve any dispute or matter before the court. The court also has the option to refer any accounting-related questions to an accountant for further investigation and report. In such cases, the court may permit the payment of reasonable fees and expenses to these professionals, either by the parties involved or by assessing them as costs in the relevant cause or matter. 7.6 Extent to Which Hearings Are Open to the Public As stated in 1.3 Court Filings and Proceedings , court proceedings are generally open to the public, with the exception of certain matters that are considered par- ticularly sensitive. The trial of sexual offences, matters concerning the welfare of families (ie, domestic vio- lence) and matters involving minors are kept private and tried in camera. 7.7 Level of Intervention by a Judge A judge is permitted to intervene during a hearing or trial to the extent that they do not unfairly prejudice either side of the litigation by doing so. The judge is required to be an independent and fair arbiter on the trial of disputes. Judges should perform that function without “descending into the arena” of the litigation between the parties. 7.8 General Timeframes for Proceedings It is open to judges to reach their decisions at their first opportunity, including immediately upon the con- clusion of a trial. A judge is also permitted to reserve their decision on a case for a reasonable time to allow for the necessary deliberation. It is fair to say that, generally, the more complex a matter, the greater the
62 CHAMBERS.COM
Powered by FlippingBook