G ENERAL P ROCEDURES IN H EARINGS

P ROCEDURES IN WRITTEN HEARINGS Notice and deadlines sent out by the tribunal Party with the burden of proof sends out evidence and arguments Responding party delivers evidence and arguments Response, if any, of the applicant Opportunity for public to make requests Hearing ends Tribunal writes decision and delivers it to parties

P ROCEDURES IN O RAL / ELECTRONIC HEARINGS 1. Tribunal makes opening comments 2. Address preliminary matters (motions, adjournment requests, missing witnesses) 3. Opening statements 4. Presentation of evidence – Examination in Chief 5. Cross-examination of witnesses 6. Re-examinations 7. Reply evidence 8. Closing arguments 9. Decision

1. Introductory Comments Detail proceedings and process Introduction of parties, describe purpose of the hearing, confirm attendance of parties May also describe law or decisions on the issues, discuss jurisdiction, advise of appeal options and answer questions 2. Preliminary Matters Motions to be heard (evidence, jurisdiction, etc) Absences addressed (30 min. wait, re-listed) Adjournments (costs increased, inconvenience, fairness) Some tribunals may have practice directions for adjournments

3. Opening Statements Not always done Provide a brief theory of the case for the first time, outline witnesses being called, evidence and issues and what the party is seeking as an outcome Notes on Presentation of Evidence Initiating party goes first, then evidence of any parties with a similar interest, then the evidence of opposing parties Initiating party usually has the burden of proof Standard of proof – usually a balance of probabilities (more likely true than false) The standard of proof is found in the enabling statute If the tribunal is inquisitorial it may have the onus of proof

4. Examination in Chief questioning by the party who called the witness or any party with a similar interest open questions which lead to an independent response, not suggestive and contain no facts 5. Cross-Examination Known also as cross-questioning it is questioning by an opposing party closed or leading questions allowed, suggests the answer, contains facts for agreement or disagreement

6. Re-Examination Further questions by the original party who called the witness to clarify evidence that came up in cross- examinations 7. Reply Evidence After all parties present evidence it may be possible to recall a witness or call a new witness to rebut testimony of opposing witnesses 8. Closing Arguments Summarize the case favorably - without distorting evidence, referring to facts which were not part of the evidence or misleading the tribunal on the law Last attempt to persuade the adjudicator to find in your favor Summarize the facts, make inferences, provide your view on the law and repeat the remedy you are seeking