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Is it necessary for a plaintiff to be in court? (District))

  • 23-02-2013 2:03am
    #1
    An Ri rua
    Registered Users, Registered Users 2 Posts: 4,546 ✭✭✭


    Hi all,

    is it always necessary , or rather when is it not necessary for the plaintiff of a case to be in court? If a case was brought to the district court and represented by a solicitor of course, is there a scenario whereby the plaintiff could nominate someone to stand in their place and, if so, what are the grounds for effectint this?
    Tagged:


Comments

  • #2
    Timmyctc
    Closed Accounts Posts: 5,825 ✭✭✭Timmyctc


    Im pretty sure in rape/abuse cases that can happen.


  • #3
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Usually, plaintiff required to prove the case in DC.


  • #4
    jd80
    Registered Users, Registered Users 2 Posts: 286 ✭✭jd80


    OP - You refer to 'plaintiff'.

    That terminology refers to a civil matter.

    However, for the avoidance of doubt, could you clarify if this is indeed a civil or criminal matter?


  • #5
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    Timmyctc wrote: »
    Im pretty sure in rape/abuse cases that can happen.

    What now?


  • #6
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    johnnyskeleton wrote: »
    What now?

    I think he is referring to evidence by video-link.


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  • #7
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    If you are the Plaintiff, judge will expect to see you there, even if your evidence is not essential.


  • #8
    smirker
    Banned (with Prison Access) Posts: 37 ✭smirker


    Timmyctc wrote: »
    Im pretty sure in rape/abuse cases that can happen.

    In rape/abuse cases the Plaintiff/Prosecutor is the DPP. THe DPP never attends personally.


  • #9
    An Ri rua
    Registered Users, Registered Users 2 Posts: 4,546 ✭✭✭An Ri rua


    jd80 wrote: »
    OP - You refer to 'plaintiff'.

    That terminology refers to a civil matter.

    However, for the avoidance of doubt, could you clarify if this is indeed a civil or criminal matter?

    It would theoretically refer to a neighbour boundary-related or refuse-related dispute so, for now, it would refer to civil. I don't think anyone can take a case in a criminal matter can they?? One is always the witness. Is that not correct?


  • #10
    An Ri rua
    Registered Users, Registered Users 2 Posts: 4,546 ✭✭✭An Ri rua


    Timmyctc wrote: »
    Im pretty sure in rape/abuse cases that can happen.
    johnnyskeleton wrote: »
    What now?
    Procrastastudy wrote: »
    I think he is referring to evidence by video-link.
    smirker wrote: »
    In rape/abuse cases the Plaintiff/Prosecutor is the DPP. THe DPP never attends personally.

    Are there ever rape cases in the District Court? EDIT Yes, I see from Google that there are. However, I am not discussing rape, so please stop discussing it on this thread. Thanks. It does TECHNICALLY answer my questions perfectly, I admit that. But I meant for cases not involving crimes against the person, but against property rights. Sorry for the confusion.

    Thanks for all the helpful replies so far. Interesting


  • #11
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    An Ri rua wrote: »
    It would theoretically refer to a neighbour boundary-related or refuse-related dispute so, for now, it would refer to civil. I don't think anyone can take a case in a criminal matter can they?? One is always the witness. Is that not correct?

    1 in such a case the plaintiff should in normal circumstances give evidence, so should be there. 2 in minor criminal offences any person can bring charges.


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  • #12
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    An Ri rua wrote: »
    It would theoretically refer to a neighbour boundary-related or refuse-related dispute so, for now, it would refer to civil. I don't think anyone can take a case in a criminal matter can they?? One is always the witness. Is that not correct?

    It wiould be almost impossible for the Plaintiff to avoid giving evidence in such a scenario. Hearsay evidence is not admissable, so to establish the facts of the case direct evidence from someone who can say "I am the occupier of x lands and my boundary is x position" would be necessary".


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