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    Trial Advocacy - Closing Arguments

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    Agnes
    Trial advocacy closing arguments. class project

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    Trial Advocacy - Closing Arguments

    Uploaded by

    Agnes
    3 views2 pages
    Trial advocacy closing arguments. class project

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    Trial Advocacy- Closing Arguments

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    Trial advocacy closing arguments. class project

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    3 views2 pages

    Trial Advocacy - Closing Arguments

    Uploaded by

    Agnes
    Trial advocacy closing arguments. class project

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Trial Advocacy- Closing Arguments

    What are closing arguments?

     This is the summation of the entire case by an advocate. It is here that all the
    evidentiary material is brought together and the case is presented in a strong, fluid
    and persuasive manner. It is also here that the advocate summarises whet they had
    set out to prove at the beginning of the trial.

    Closing statements in civil cases

     Order 18 Rule 2 CPR lays the basis for parties to address the curt generally, after
    evidence has been produced. Therefore the provision suggests a point from which
    the role of closing arguments can commence.

     Order 18 Rule 2 provides:

    o on the day fixed for the hearing of the suit, or on any other day to which the
    hearing is adjourned, the party having the right to begin shall state his case
    and produce his evidence in support of the issued which he is bound to prove

    o the other party shall then state his case and produce his evidence and may
    then address the court generally on the case. The party beginning may then
    reply.

    o After the party beginning has produces his evidence then, if the other party
    has not produced and announces that he does not prosed to produce
    evidence, the party beginning shall have the right to address the court
    generally on the case; the other party shall then have the right to address
    the court in reply, but if in the course of his address he cites a case or cases
    the party beginning shall have the right to address the court at the
    conclusion of the address of the other party for the purpose of observing on
    the case or cases cited.

    From the above a trial advocate can infer the use of closing statements when they are
    representing their client. The authority to address the court generally at the close of
    producing evidence is provided in points 2 and 3 above. However these are not express
    provisions as to whether the trial advocate can close the case using closing statements.
    Closing Statements in criminal cases

    Whereas in the interest od expeditious disposal of cases the courts encourage parties to
    exchange and to file written submissions in civil cases, the position is different with regard
    to criminal cases, where there is no provision for written statements.

     S210 CPC provides: if at the close of the evidence in support of the charge, and after
    hearing such summing up, submission or argument as the prosecutor and the
    accused person or his advocate may wish to put forward…

    o From the above the COC does envisage the use of closing statement in
    criminal cases. This is compounded further by the provision below.

     S213 CPC provides: the prosecutor or his advocate and the accused and his advocate
    shall be entitled to address the court in the same manner and order as in a trial
    under this Code before the HC.

    o The procedure with regard to the HC is set out in S310 which provides: if
    the accised persons or anyone of several accused persons adduces any
    evidence, the advocate for the prosecution shall, subject to the provisions of
    s161 be entitled to reply.

    o S161 limits the right of the prosecution to reply and it provides that in cases
    where the right of reply depends upon the question whether evidence has
    been called for the defence, the fact that the person charged has been
    called as a witness shall not of itself confer on the prosecution the right of
    reply. The provision to that section however gives the AG and SG, whenever
    they appear in person, a right or reply in all cases.

    From the above, it is evident that there is nothing in the CPC that provides for the making of
    written submissions.

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