Proper Ways to Address Parties in Court
In Papua New Guinea, the court system is divided into three
levels: District Court, National Court, and Supreme Court. Each court has its
own set of rules and procedures that must be followed during court hearings.
One important aspect of these procedures is how to refer to the parties
involved in the case. In this article, I will discuss the proper way to refer
to parties at each level of court and during appeals.
District Court:
In the District Court, cases are typically heard by a single
Magistrate. When referring to the parties involved in the case, the person
bringing the case is usually referred to by name or as "the Complainant."
The person being sued is also referred to by name or as "the Defendant."
If there are multiple complainants or defendants, they can be referred to as
"Complainants" or "Defendants," respectively.
National Court:
The National Court is the higher court in Papua New Guinea without
unlimited jurisdiction. In this court, cases are heard by a single judge or a
panel of judges. When referring to the parties involved in a case, the person
bringing the case is usually referred to by name or as "the Plaintiff."
The person being sued is also referred to by name or as "the
Defendant." If there are multiple complainants or defendants, they can be
referred to as "Plaintiffs" or "Defendants," respectively.
Supreme Court:
The Supreme Court is the highest court in Papua New Guinea
for appeals and constitutional matters. Cases are heard by a panel of judges.
When referring to the parties involved in the appeal case, the same conventions
used in the National Court can be applied.
When referring to the parties involved in the constitutional
case, the person bringing the case is usually referred to by name or as
"the Referrer." The person in contention is referred to by name or as
"the Intervener."
Appeals:
When a party appeals a decision made in a District Court to
the National Court, or, National Court to Supreme Court, the party who
initiates the appeal is referred to as the "Appellant." The other
party is referred to as the "Respondent." If there are multiple
appellants or respondents, they can be referred to as "Co-appellants"
or "Co-respondents," respectively.
It is important to note that the conventions for referring
to parties in court may vary depending on the judge and the specific case. It
is always best to check with your lawyer or the court clerk for guidance on how
to properly address the parties involved in your case.
In conclusion, knowing how to properly refer to parties in
court is an important aspect of court etiquette. By following the conventions
outlined above, you can ensure that your interactions with the court remain
professional and respectful.
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