In the
simplest of terms, the word ‘’evidence’’ is the method in which a fact is actually proven. So, what does that even mean?
Evidence
is something that can be oral or it can even be a document, or evidence can
even be an object! In the Australian legal system, most of the evidence is
adduced from a witness, a witness is a person who attends Court and informs the
Court what they saw, heard or otherwise perceived.
There are
many rules of evidence in NSW, rules as to how evidence can be adduced in
Court, what the lawyers can ask a witness and the way questions are asked. The
rules of evidence are embedded in the Evidence Act 1995 (NSW) and it is
important to note that all legal practitioners, judicial officers must follow
this Act to ensure that at all times there is
impartiality and fairness in the Court room.
The rules
of evidence contained in the Evidence Act govern the ‘examination’ process in
court. ‘Examination’ is when a witness is asked questions by a lawyer in Court,
and it is important to note that there are 3 types of examination.
·
There
is ‘examination in chief’’ which is when a lawyer questions witness(es) who
support their case.
·
There
is also ‘’cross examination’’ and that is when a lawyer asks the other party’s
witness(es) questions.
·
There
is also ‘’re-examination’’ and this arises when a lawyer asks a witness
questions after they have just been cross examined for the purpose of clearing
up any of the potential issues which may have come up during their ‘’cross
examination’’
Why
Should you Choose Nicopoulos Sabbagh Lawyers to
represent you in your Court Case? Nicopoulos Sabbagh Lawyers a reputable Law
Firm is the leading Law firm in both Criminal Law & Traffic Law matters. Nicopoulos Sabbagh Lawyers has dealt with the most complex
matters and our office appears in all Jurisdictions in Criminal Law.
No matter
is too complex for the team so be sure to book your first Free Consultation
today!
It
is very important that you speak with a lawyer so that you can get the
appropriate legal advice which you require prior to going to court.
Our team
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 11th September 2024.
*Please note that this page or any
other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a
substitute for legal advice or even other professional advice. It should also
be noted that accessing of this information from this website does not create a client-lawyer
relationship.