Module 5

Running the hearing: fair procedure, temperament, people without lawyers and the day’s list

The hearing is the part of the judge’s work that the public can see, and for most parties it is the whole of their experience of the justice system. People who lose a case but felt that they were heard, treated with respect and given a fair chance will often accept the result. People who win but felt dismissed or belittled often do not trust the court. Procedural fairness is therefore not a nicety; it is much of what makes a decision legitimate. This module covers the principles of fair procedure, the demeanour and temperament that go with them, how to question witnesses and rule on points as they arise, how to deal with people who have no lawyer, with vulnerable witnesses and with interpreters, and how to keep a hearing and a day’s list on time without sacrificing fairness. The Court List Planner shows how a plausible-looking day turns into an overbooked one.

General education on the work of a judge across legal systems, using invented people, courts and cases. It is not legal or career advice. Judicial procedure, codes of conduct, standards of proof and routes to the bench differ between countries and change: check the rules that apply to you with the judicial authority and the profession.