UNIT 8

TRIAL PREPARATION

1. Document review and organization: these includes the following;
   
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   1. Reviewing pleadings and other documents: The first step in trial preparation involves a thorough review of all pleadings, motions, and other documents filed in the case. This includes statements of claim, statements of defense, and any interlocutory applications. Reviewing these documents ensures that the legal team understands the issues at stake and the positions of both parties.
   2. Organizing evidence: Evidence must be organized in a manner that allows for easy retrieval during trial. This involves cataloging all documents, identifying key witnesses, and preparing exhibits.
2. Witness preparation: these includes the following;
   
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   1. Identifying key witnesses: Witnesses who can provide testimony relevant to the facts of the case should be identified early. Witnesses may include parties to the case, expert witnesses, and other individuals who have knowledge of relevant facts.
   2. Preparing witnesses for trial: Witnesses should be briefed on the nature of the case, the questions they may be asked, and the importance of truthfulness. Mock examinations may be conducted to prepare them for cross-examination by opposing counsel.
3. Pre-trial conferences: Pre-trial conferences are conducted to streamline the trial process, resolve procedural issues, and encourage settlement. The judge and the legal representatives of both parties discuss the issues in dispute and agree on matters such as the order of witnesses and the admissibility of evidence. See order 25 of the high court of Lagos state civil procedure rules 2019 which governs pre-trial conferences. It provides for the scheduling of pre-trial conferences and outlines the issues to be discussed.
4. Preparing a trial strategy: these includes the following;
   
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   1. Developing a case theory: A case theory is a coherent narrative that explains the facts of the case in a way that supports the client’s position. The legal team should develop a case theory that aligns with the evidence and legal arguments.
   2. Anticipating opposing counsel’s arguments: It is important to anticipate the arguments that opposing counsel may make and prepare counterarguments. This involves analyzing the strengths and weaknesses of the opposing party's case.

EVIDENCE IN CIVIL TRIALS

1. Types of evidence: the types of evidence includes the following;
   
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   1. Oral evidence: This is testimony given by witnesses in court. Oral evidence is governed by the evidence act 2011, which outlines the rules for the examination, cross-examination, and re-examination of witnesses.
   2. Documentary evidence: Documentary evidence includes any document that is presented in court to support or challenge a party's case. See sections 83-89 of the evidence act 2011 which provides that the admissibility of documentary evidence is regulated, including the need for proper authentication and relevance.
   3. Real evidence: Real evidence consists of physical objects that are presented to the court. This could include items such as a weapon used in a crime or a damaged product in a product liability case.
2. Admissibility of evidence: the admissibility of evidence can be of the following;
   
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   1. Relevance: For evidence to be admissible, it must be relevant to the issues in dispute. See section 1 of the evidence act 2011 which emphasizes that evidence must be relevant to be admissible.
   2. Hearsay evidence: Hearsay evidence, which is evidence of a statement made outside of court that is presented to prove the truth of the matter asserted, is generally inadmissible under section 37 of the evidence act 2011, unless it falls within one of the exceptions outlined in sections 38-50.
   3. Opinion evidence: Generally, opinion evidence is not admissible, except in cases where expert opinion is required. See section 68 of the evidence act 2011 which permits the admission of expert evidence in areas that require specialized knowledge, such as medical, forensic, or technical evidence.
3. Presentation of evidence: presentation of evidence can be done in the following methods;
   
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   1. Examination-in-chief: This is the initial questioning of a witness by the party who called the witness. During examination-in-chief, leading questions, that is, questions that suggest the answer are not allowed, as stipulated in section 221 of the evidence act 2011.
   2. Cross-examination: Cross-examination is conducted by the opposing party to challenge the credibility and reliability of the witness’s testimony. Leading questions are permitted during cross-examination. See section 223 of the evidence act 2011.
   3. Re-examination: After cross-examination, the party who called the witness may conduct re-examination to clarify any issues raised during cross-examination. Re-examination is limited to matters that arose during cross-examination. See section 227 of the evidence act 2011.
4. Exclusionary rules: these rules can be of the following;
   
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   1. Illegally obtained evidence: Evidence obtained through illegal means, such as unlawful searches, may be excluded from trial. See the case of Igbinovia v. The State (1981) 2 NCLR 342 where the court has the discretion to exclude such evidence if its admission would adversely affect the fairness of the trial.
   2. Privileged communications: Certain communications are protected by privilege and cannot be admitted as evidence. This includes communications between a lawyer and their client. See section 192 of the evidence act 2011.
5. Burden and standard of proof: The burden of proof in civil cases generally lies with the plaintiff, who must prove the case on the balance of probabilities. This means that the plaintiff's case must be more likely than not to be true while the standard of proof in civil cases is "on the balance of probabilities," as opposed to "beyond a reasonable doubt" in criminal cases. See the case of Nwobodo v. Onoh (1984) 1 SCNLR 1.

CONCLUSION

Trial preparation and the rules of evidence are fundamental to the success of a civil litigation case. Proper preparation ensures that all relevant evidence is identified, organized, and presented effectively, while adherence to the rules of evidence ensures that the trial is conducted fairly and justly. Familiarity with the relevant sections of the evidence act 2011 and key Nigerian case law is essential for legal practitioners involved in civil litigation.