A written statement that outlines a party’s legal arguments in a case.
Second-hand information presented by a witness who didn’t directly see or hear the events in question.
The hearing that a case is adjourned to following the entry of a not guilty plea.
Failure to use even the slightest amount of care, showing recklessness or wilful disregard for the safety of others.
This is where a person who has been refused bail by the court, or who is unhappy with the conditions the court has imposed on their bail, appeals the judicial officer’s decision to a higher court.
A court order stating that a certain situation or fact exists, rather than requiring that something must be done or not done. For example, the Family Court or High Court can make a ‘declaration of paternity’, declaring that a particular man is or is not the father of a particular child.
An offence punishable by imprisonment for life or a maximum term of imprisonment of two or more years unless listed in Schedule 1 to the Criminal Procedure Act 2011. These will be heard as a Judge-alone trial or (if the defendant elects) jury trial in the District Court, unless an order is made for the proceedings to be transferred to the High Court for a Judge-alone or (if the defendant elects) jury trial in that court.
Action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.
Literally, a "friend of the Court". A person who does not appear on behalf of a party to a proceeding, but who assists the Court by pointing out matters of law or fact that have been overlooked, or who presents opposing arguments so that both sides of a case can be heard
An offence for which the defendant has the right to choose to be tried by jury.
The party called to answer an application, or the opposing party to an appeal.
When a court proceeding is postponed, or put off, until a later date.
To oppose an application, claim or charge that has been brought to the courts.
A case-scheduling hearing held with a judge to discuss procedural and administrative matters for a case after it has been scheduled for a trial. For example, this could include readiness for trial. In the criminal jurisdiction callovers are generally held for Jury trials or more complex Judge-alone trials.
A short statement on the bottom of an affidavit saying when, where and before whom it was sworn.
The various things presented in court to prove an alleged fact, including written or spoken testimony from witnesses, and other material such as documents, photographs, maps and videotapes.
A person who gives evidence in court about what they’ve seen, heard or otherwise experienced. Also, a person who observes the signing of a will or some other document.