By. Mikias.D
email:
Contact: +251925503628
Dire-Dawa University- college of law
© all rights are reserved.
1
, Trial
➢ a trial is a conclusion of hearing or it is a full scale hearing. It is also a last stage
of adducing the oral evidence to the court.
➢ trial is also known as setting justice in motion. Thus, in court proceeding there
are three stages.
Pre- trial-------------Trial---------------post trial
Pre- Trial stage
➢ during the pre trial stage;
❖ intervening parties (Art 41 & 227)
❖ default proceeding (art 233), once it is passed parties cannot have an
additional right.
❖ decide the date of hearing. (for the purpose of identifying the issue of the
case)
2
, Continued….
❖ Examining the parties & ask about their submission of pleading (art 246-
248)
❖ Preliminary objections (244 (2).
Adjudication without trial (AWT)
➢ AWT exist in different situations, i.e. trial is not necessary always to resolve the
case at hand. Thus, AWT exists when;
❖ When there is admission by one of the party of the case (241 cum 242)
❖ When there is question of law ( no witnesses are required to testify on question of
law. Since judges are preside over the case to interpret the law) or when there is no
factual dispute. ( art 247 (4).
❖ When there exist documentary evidence that can proof the allegation sufficiently.
NOTE: documentary evidences can be submitted to the court in to there
stages;
1. during submission of the pleading (art 223 cum 145 (2), if it is in the
hands of the parties ( shall provide copy of the document or shall annex it
to the end of pleading) or if parties can refer the place of the document to
be collected by the court. (art 268),
3
, Continued…
2. on the very first day of the hearing (art 137)
3. during the trial stage with affidavit coupled with the reason for the delay ( it may
be the parties obtain the document at the end of the day and if the parties cannot
come across the document to the pre trial and at the hearing stage).
4. in exceptional occasions the document may be submitted in the appeal or
cassation stage (art 345) .
Trial stage
➢ When the court decided that the trial is required the trial stage will begin
➢ During the trial stage the court adjourn witnesses by issuing the summon.
Witnesses
➢ Witnesses are the eyes and ears of justice.
➢ To be a witness it is a civil duty, but if refuse under art 267 of Civ. Pro. Code or and
under art 448 of the criminal code is miscarriage of justice or failing to contribute
to the justice.
N.B. Witness does not have any civil and criminal duty when they are;
1. the holder of immunity: even if the wetness is very necessary for justice are not
expected to testify and after they are summoned by the court, if they come they can
testify, but if they refuse to come the court cannot forces them to testify. ( they are
judges, parliament members, diplomats…..) 4
email:
Contact: +251925503628
Dire-Dawa University- college of law
© all rights are reserved.
1
, Trial
➢ a trial is a conclusion of hearing or it is a full scale hearing. It is also a last stage
of adducing the oral evidence to the court.
➢ trial is also known as setting justice in motion. Thus, in court proceeding there
are three stages.
Pre- trial-------------Trial---------------post trial
Pre- Trial stage
➢ during the pre trial stage;
❖ intervening parties (Art 41 & 227)
❖ default proceeding (art 233), once it is passed parties cannot have an
additional right.
❖ decide the date of hearing. (for the purpose of identifying the issue of the
case)
2
, Continued….
❖ Examining the parties & ask about their submission of pleading (art 246-
248)
❖ Preliminary objections (244 (2).
Adjudication without trial (AWT)
➢ AWT exist in different situations, i.e. trial is not necessary always to resolve the
case at hand. Thus, AWT exists when;
❖ When there is admission by one of the party of the case (241 cum 242)
❖ When there is question of law ( no witnesses are required to testify on question of
law. Since judges are preside over the case to interpret the law) or when there is no
factual dispute. ( art 247 (4).
❖ When there exist documentary evidence that can proof the allegation sufficiently.
NOTE: documentary evidences can be submitted to the court in to there
stages;
1. during submission of the pleading (art 223 cum 145 (2), if it is in the
hands of the parties ( shall provide copy of the document or shall annex it
to the end of pleading) or if parties can refer the place of the document to
be collected by the court. (art 268),
3
, Continued…
2. on the very first day of the hearing (art 137)
3. during the trial stage with affidavit coupled with the reason for the delay ( it may
be the parties obtain the document at the end of the day and if the parties cannot
come across the document to the pre trial and at the hearing stage).
4. in exceptional occasions the document may be submitted in the appeal or
cassation stage (art 345) .
Trial stage
➢ When the court decided that the trial is required the trial stage will begin
➢ During the trial stage the court adjourn witnesses by issuing the summon.
Witnesses
➢ Witnesses are the eyes and ears of justice.
➢ To be a witness it is a civil duty, but if refuse under art 267 of Civ. Pro. Code or and
under art 448 of the criminal code is miscarriage of justice or failing to contribute
to the justice.
N.B. Witness does not have any civil and criminal duty when they are;
1. the holder of immunity: even if the wetness is very necessary for justice are not
expected to testify and after they are summoned by the court, if they come they can
testify, but if they refuse to come the court cannot forces them to testify. ( they are
judges, parliament members, diplomats…..) 4
