Roles of the parties and party control

Question 1

What are the roles of the parties

Answer 1

Make decisions about the conduct of the case
Disclose information to the other party
Exchange evidence
Participate in the trial

Question 2

Define counterclaim

Answer 2

A separate claim made by the defendant in response to the plaintiffs claim.

Question 3

Define party control

Answer 3

Each party controls its own case and has control over decisions on how the case will run, as long as the rules of evidence and procedure are followed.

Question 4

What are the two types of evidence

Answer 4

Lay evidence
Expert evidence

Question 5

What must the parties do to ensure they participate in the trial

Answer 5

Make opening and closing addresses
Present the case to the judge or jury
Cross-examination of the other side’s witnesses

Question 6

Strengths of the roles of the parties

Answer 6

• The parties have an ongoing obligation to disclose all relevant documents to each other. Ensuring there are no surprises as to the documents that may be relevant to the dispute.
• Both parties have the opportunity to present their case.
• The parties have complete control over how they run their case.

Question 7

Weaknesses of the roles of the parties

Answer 7

• Some parties may be more familiar with their disclosure obligations than others. Others may have less understanding of the requirement to disclose relevant information.
• The processes involved are complex and difficult to understand without the use of a lawyer, thus making it difficult for self-represented parties.
• ‘Party control’ means that the parties need time to prepare their case and make decisions. Causing delays and can be stressful about additional costs.