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Chinese Chef (Integration Architect)     14 August 2017

Need urgent guidance for evidence stage.

Dear experts,
My PWDVA case has moved to evidence stage.
The case had once moved to evidence stage in the past even when reply from 3 remaining respondents were not filed. Upon request, court accepted their WS.
During the previous instance, OP lawyer was accompanied by my FIL to lead the evidence and testify. I was taken by surprise since I believed that complainant should file her evidence before any other witness.
My overall knowledge of evidence stage is minuscule and even after browsing over internet, I've  queries hovering in my mind.
Can someone please help me with answers to these queries: -
  1. Shouldn't plaintiff be the *first* to testify and lead the evidence?
  2. Should the evidence by plaintiff be filed on affidavit or simply an oral deposition is sufficient?
  3. Can they produce any witness on the spot without any prior notification to the court and my lawyer?
  4. Can a witness testify even before the complainant herself?
  5. How can a document be exhibited as evidence upon confrontation of the witness?
Please HELP!

Thanks - CC


 2 Replies

Rajdeep Majumder (Junior Lawyer)     14 August 2017

should I know the name and jurisdiction of the concerned court?

Moxit Shah   14 August 2017

first of all, plaintiff word is used ini civil matter. in Domestic Violence you are Applicant or complainant and other side is Respondent or Non- Applicant. in any court, firstly evidence is to be given by complainant or Applicant in criminal matter and plaintiff in civil matter. 

Applicant can file their evidence by way of oral evidence or by written evidence. 

no they cannot produce any witness without giving intimation to court or to other side. if they produce, court generally gives the time to other side for cross examining said witness.

they can, but generally it is not the practice of any advocate or court to examine any witness before complainant or applicant.

this is discretion of court to exhibit the document or not to exhibit after considering the document and legally or said document

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