All lawyers have the right of audience before a subordinate court (inc. SC) but not before a local court. All lawyers are expected to guide their clients professionally and if you fail O4, r2 may apply i.e. you may be liable to costs e.g. if a lawyer proceeds with a case when he knows that the action has no merit. I.e. if the lawyer knowingly does so or knowingly prosecutes maliciously - the lawyer may be asked to met the costs of the proceedings. [Note: you are not condemned to pay costs because you lose a case but only if you proceed with a case that you know is no case or is being prosecuted maliciously e.g. if you go to court when you know that a debt has already been paid. [Note: you can only get interest on a debt if you have a judgment.]. Order V: Evidence Part I – Exclusion of witnesses Rule 1 - The rationale for excluding witnesses from court by the court or on an application by either party is that witnesses are supposed to give independent evidence as opposed to merely repeating what previous witnesses have testified. Unless witnesses are excluded there is the likelihood that subsequent witnesses will repeat what they have already heard from the witness stand. To ascertain the truth it is advisable that witnesses are excluded from court until they are called to give evidence. Either party may apply to exclude or court may exclude on its own motion. Rule 2 - intended to avoid a situation where witnesses communicate outside the court during the course of the trial before giving testimony. The court does not want corroboration as the result of collusion between the witnesses. Part II – Documentary Evidence Documentary evidence means documents that are tendered before court as evidence which is different from oral (viva voce) evidence e.g. books of accounts, government gazettes, statutes, official communications of Government (e.g. appointment letters), books of science, foreign laws. Rule 3 - Books of accounts includes documents such as bank statements (usually produced by a bank official in e.g. a mortgage action) and ledgers.
All lawyers have the right of audience before a subordinate court (inc. SC) but not before a local court. All lawyers are expected to guide their clients professionally and if you fail O4, r2 may apply i.e. you may be liable to costs e.g. if a lawyer proceeds with a case when he knows that the action has no merit. I.e. if the lawyer knowingly does so or knowingly prosecutes maliciously - the lawyer may be asked to met the costs of the proceedings. [Note: you are not condemned to pay costs because you lose a case but only if you proceed with a case that you know is no case or is being prosecuted maliciously e.g. if you go to court when you know that a debt has already been paid. [Note: you can only get interest on a debt if you have a judgment.]. Order V: Evidence Part I – Exclusion of witnesses Rule 1 - The rationale for excluding witnesses from court by the court or on an application by either party is that witnesses are supposed to give independent evidence as opposed to merely repeating what previous witnesses have testified. Unless witnesses are excluded there is the likelihood that subsequent witnesses will repeat what they have already heard from the witness stand. To ascertain the truth it is advisable that witnesses are excluded from court until they are called to give evidence. Either party may apply to exclude or court may exclude on its own motion. Rule 2 - intended to avoid a situation where witnesses communicate outside the court during the course of the trial before giving testimony. The court does not want corroboration as the result of collusion between the witnesses. Part II – Documentary Evidence Documentary evidence means documents that are tendered before court as evidence which is different from oral (viva voce) evidence e.g. books of accounts, government gazettes, statutes, official communications of Government (e.g. appointment letters), books of science, foreign laws. Rule 3 - Books of accounts includes documents such as bank statements (usually produced by a bank official in e.g. a mortgage action) and ledgers.