Difference between trial court and HC proceedings.

Guest (Querist) 20 March 2008 This query is : Resolved
Dear Sirs,

I wish to know how a trial court proceeding differs from a High Court proceeding? In other words, is a case argued in the same manner in both the courts?

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Rajesh Kumar (Expert) 20 March 2008
The case is required to be argued in the same manner in every case- difference is there in original and appellate proceeding. In original proceeding evidence is required to be produced whereas in appellate proceeding no such requirement is there- argument has be based on evidence already recorded.

Guest (Querist) 20 March 2008
Thank you Sir. But I have heard from my lawyer friends that in a trial court the argument is essentially based on facts and data pertaining to the case. Whereas, in the High Court the overall emphasis is laid on jurisprudence and not too much on data and facts....

How much is this true??

SANJAY DIXIT (Expert) 20 March 2008
A trial court or court of first instance is the court in which most civil or criminal cases begin.

In the trial court evidence is taken and determinations are made called findings of fact based on the evidence under the rules of evidence of the court following the applicable procedural law; the court also makes findings of law based upon the applicable law. Findings of fact are determined by the trier of fact (judge or jury) and the findings of law are always determined by the judge or judges. In most common law jurisdictions, the trial court often sits with a jury and one judge; though some cases may be designated "bench trials" — either by statute, custom, or by agreement of the parties — in which the judge makes both fact and law determinations.

A trial court is distinguished from an appellate court/high court, which reviews cases that have already been heard in the trial court. In appellate/high court review the record of the trial court must be certified by the clerk of the trial court and transmitted to the appellate body. Most appellate courts/high courts do not have the authority to hear testimony or take evidence, but must rely upon the record below. Most trial courts are courts of record. The trial court is the court where the record of the presentation of evidence is created and must be maintained or transmitted to the appellate court/high court.

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Guest (Querist) 20 March 2008
Okay Sir, I got the point that you're trying to make.

Thank you!

Hiralal Das (Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.

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