Friday, August 26, 2011

RULES OF COURT AND EVIDENCE


RULES OF COURT - The rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged have been issued by the Supreme Court pursuant to the provisions of Section 5(5) of Article VIII of the Constitution. These rules shall be known and cited as the Rules of Court.[1] The Rules of Court, promulgated by authority of law, have the force and effect of law.[2]

Procedural laws are construed to be applicable to actions pending and undetermined at the time of their passage, and are deemed retroactive in that sense and to that extent.[3] Procedural laws do not fall under the general rule against retroactive operation of statutes.[4] Further, the retroactive application of procedural laws does not violate any personal rights because no vested right has yet attached or arisen from them.[5]
RULES ON EVIDENCE - When a dispute, whether relating to a civil or criminal matter, reaches the court there will always be a number of issues which one party will have to prove in order to persuade the court to find in his or her favour. The law must ensure certain guidelines are set out in order to ensure that evidence presented to the court can be regarded as trustworthy. The law of evidence governs the use of testimony (e.g., oral or written statements, such as an affidavit) and exhibits (e.g., physical objects) or other documentary material which is admissible (i.e., allowed to be considered by the trier of fact, such as jury) in a judicial or administrative proceeding (e.g., a court of law).

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