Nieru
Asked July 26, 2013

procedural difference in collection of evidence in criminal/civil cases

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Is there any procedural difference in collection of evidence in a criminal and a civil case, if yes, what is the step by step procedure?

Answers 2


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Rutumbhara

Dear Nieru, At trial, each side is given the opportunity to make an Opening Statement to the fact finder, be it judge or jury. The plaintiff then presents evidence. Evidence can include testimony from witnesses and tangible items presented through witnesses. When the plaintiff has presented her or his case, the defendant has the option of presenting evidence. After the defendant presents evidence, the parties make closing arguments to the fact finder. The civil proceedings and criminal trials differ in collection of evidence. In civil proceedings, an affidavit or property title deed or any other document related are attached. In criminal proceedings almost all evidences are collected by the state as the criminal case are taken up by the state and is made a party to it. In a murder case the murder weapon used to murder is kept by the state and other witness. After final arguments, the judge must determine what laws apply to the case. Both parties submit proposed instructions to the judge. If the case is tried before a jury, the judge must read instructions to the jury. If the case is tried before a judge, the judge will give the parties an opportunity to argue that certain favorable law controls the case. Rutumbhara www.lawkonect.com 09555 507 507

Agree Comment 0 Agrees almost 4 years ago

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