Basic courtroom procedure
During a hearing for a civil or family matter, the courtroom follows a standard procedure that’s made up of these steps:
- The applicant (or plaintiff):
- introduces themselves and the other party or the other party’s lawyer – if that party isn’t present
- explains what it is that they’re asking for
- summarizes the facts and makes their arguments
- The judge may ask questions of the applicant.
- The respondent (or defendant) summarizes the facts and makes their arguments.
- The judge may ask questions of the respondent.
- The applicant responds to facts or arguments raised by the respondent.
- The judge makes a decision in favour of one of the parties.
- The applicant and respondent thank the judge.
Court applications
In the Court of King’s Bench, an orders clerk may be available to type your court order.
If you are a self-represented litigant, read the Information for self-represented litigants fact sheet.
Trial courtroom procedure
Trials for civil or family matters follow a standard procedure.
Step 1. Opening statements
- The applicant introduces themselves and the other party or the other party’s lawyer.
- The applicant gives an opening statement.
- The applicant explains to the judge what it is that they’re asking for.
- The respondent gives an opening statement.
Step 2. Evidence and witnesses
- The applicant gives their evidence.
- The respondent cross-examines the applicant.
- The judge may ask questions of the applicant.
- The applicant calls each of their witnesses in turn and asks them questions.
- The respondent cross-examines each of the applicant’s witnesses in turn.
- The judge may ask questions of each witness.
- The respondent follows the above steps with their evidence and witnesses. (The respondent is responsible for bringing their evidence and documents to trial.)
Step 3. Closing arguments
- The applicant gives their closing statement, summarizing the evidence.
- The applicant makes arguments about why the judge should decide in their favour.
- The respondent gives their closing statement and makes arguments.
- The applicant responds to any arguments from the respondent.
Step 4. Decision
- The judge makes a decision in favour of one of the parties.
- The respondent and applicant thank the judge.