What happens at the Final Hearing?
The Tribunal is not bound by the rules of evidence and may
receive information in any way it considers appropriate.
Sometimes the Tribunal Member will ask the parties about their case at the beginning of the
Final Hearing.
Witnesses must give their evidence under oath or affirmation.
The Complainant usually presents their case first
The Complainant presents his or her case
by first giving evidence and then calling each witness in
turn to give their evidence.
The Respondent can then 'cross-examine'
(that is, question) the Complainant and each of the Complainants
witnesses.
The Complainant can 're-examine'
(that is, ask further questions of) the witnesses on any issues
asked about in cross examination.
The Tribunal Member may also ask the Complainant
and any of the Complainants witnesses questions.
The Respondent then presents their case
The Respondent then presents his or her
case by first giving evidence and then calling each witness
in turn to give their evidence.
The Complainant can then 'cross-examine'
the Respondent and each of the Respondents witnesses.
The Respondent can 're-examine'
the witnesses on any issues asked about in cross examination.
The Tribunal Member may also ask the Respondent
and any of the Respondents witnesses questions.
Closing address
After all the witnesses have given evidence, the Complainant
and the Respondent each give a 'closing address' summarising
their case.
The closing address is a summary of the facts, how each party
says the law applies to those facts and what decision they want
the Tribunal to make.
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