BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
However, Section 186 of the Senior Courts Act, 2022 permits virtual hearings or trials in the High Court. 7.2 Case Management Hearings Case management hearings are the primary mode through which the court actively manages its cases. These hearings are usually held before a High Court judge. They are generally treated as hearings in chamber, except that the court has the power to consider and dispose of fairly sub- stantial matters at a case management hearing. Mainly, these hearings are used by the court to give its directions as to how a case is managed until it is determined. 7.3 Jury Trials in Civil Cases Belize law recognises the notion of jury trials in very limited civil cases. However, 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 evidence that is based on the witness’s first- hand perception, involvement or experience. Hearsay evidence is inadmissible in both crimi- nal and civil trials. In addition, parties’ oral or written communica- tions that have been communicated in a gen- uine attempt to settle litigation tend to attract “without prejudice” 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 involved parties 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. General , court proceedings are generally considered open to the public, with the exception of certain matters that are considered particularly sensitive. The trial of sexual offenc- es, matters concerning the welfare of families and matters involving minors are generally kept private and tried in camera. 7.7 Level of Intervention by a Judge A judge is permitted to intervene during a hear- ing 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 conclusion 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
154 CHAMBERS.COM
Powered by FlippingBook