[Noise & Murmurs within courtroom..]
[Clerk: Ricky Deffert]
Order in the court, the Honorable Judge Talley presiding. All rise
[Everyone stands as judge enters the courtroom.]
[Judge: Charles Talley]
You may be seated
[Everyone sits, except the clerk.]
Clerk:
Here, we have the case of Bell v. Greentree Condominiums, your honor
[Clerk sits.]
Judge:
Thank you, are all parties present?
[Plaintiff counsel stands.]
[Plantiff: Campana]
Yes, your honor. I am Teron Bell
[Plaintiff's counsel sits; defendant's counsel stands.]
[Defendant: Tammy White]
Yes, your honor. I am Roseanne Kimmel, and I am acting on behalf of the defendant
Greentree Condominiums, in this matter
[Defendant's counsel sits]
Judge recites:
Thank you. Good day ladies and gentleman of the jury. I begin with some general comments on our roles in this civil trial
Throughout these proceedings, you will act as judges of the facts and I will act as the judge of the law. Although I may
Comment on the evidence, you are the only judges of evidence. However, when I tell you what the law is, my view of the law must be accepted
There is a basic principle that is fundamental to your role as jurors. In this case, there is a requirement of proof on a
Balance of probabilities which means evidence that has more weight and is more probable must be accepted. There is a basic rule requiring that you decide this case on the balance of probabilities. That means if you take all the evidence and one
Party is more correct or right than the other then that party would be successful. If the plaintiff's case is more correct
Then the defendant will be found to be liable and at fault. If the defendant is more correct, then the case would be dismissed
I now ask the plaintiff to present his case