JERSEY Law and Practice Contributed by: Marcus Pallot, Eleanor Davies and Christopher Tan, Carey Olsen
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 witness- es orally and in open court. The expectation is therefore that witnesses will attend court and give oral evidence. In practice, written witness statements in the form of sworn affidavits 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. However, it is almost always expected that key witnesses be present for cross-examination in person. Hearsay evidence is admissible in Jersey law, provided 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 permitted in the case is determined in advance of trial at a directions hearing. The court itself may seek expert testimony or guidance. This forms part of the court’s full dis- cretionary power to receive, at any time before
plaintiff’s advocate closes first, followed by the defendant’s, the plaintiff having an oppor- tunity to reply. • The court delivers judgment, which is gener- ally reserved, with a written reasoned judg- ment being issued following deliberation by the judge and jurats. The process at trial is primarily conducted by way of oral argument and witness/expert exami- nation at the hearing. The court may, however, allow affidavit evidence to be submitted. 7.2 Case Management Hearings Following the close of pleadings, there will be a directions 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 directions at the conclusion The lack of jury trials or a jury system is a distinc- tive feature of the Jersey legal system. In place of juries, Jersey has jurats, who are lay magis- trates appointed by an electoral college. Jurats need not be legally qualified; however, in order to be eligible for appointment, they must have a “known history of sound judgment and integ- rity which has been consistently demonstrated throughout a lengthy professional business or civic life” (Snooks v United Kingdom 2002 JLR 475). of other interlocutory hearings. 7.3 Jury Trials in Civil Cases The function of jurats in any civil trial is to decide matters of fact, including assessments of dam- ages. Jurats will generally sit in all trials. As an excep- tion to the general rule in Jersey, jury trials are permitted in an assize trial for certain offences.
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