Action proceedings
Introduction and overview
Action proceedings are used when a real and substantial dispute of fact needs to be decided by a court of law. This is done during a trial before a judge or magistrate who must consider not only the balance of probabilities of facts but also the credibility of witnesses giving oral (viva voce) evidence. In these instances, it is more satisfactory that evidence should be led, and the court should have the opportunity of seeing and hearing the witnesses before coming to a conclusion.
It is the court’s duty to determine, on a determination of facts, whether a real and substantial dispute of fact exists.
Where no real and substantial dispute of fact exists, and the dispute is one of law, it is brought before the court for decision by way of application (motion) proceedings.
Actions go through the following distinct phases:
- Pleading
- Close of pleadings
- Pre-trial
- Trial
For more go to Notes on action (trial) proceedings
