When the court examines a piece of evidence, who must present it — the party that asked for the examination, or the holder of the item or the presiding judge?
General information · Not legal advice
Material to check
In the trial record of a practice case, we read the application by which the prosecutor, accused or defence counsel asked for the evidence item to be examined, the list of exhibits each side filed, and any note that the court acted of its own motion, or that a court official put the item before the court.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading ties presentation to who asked for the examination: where the evidence item is examined on an application by the prosecutor, the accused or defence counsel, the applicant must present it, so the file needs to show who applied and that the applicant produced the item.
Another reading applies where the court examines the evidence item of its own motion: then the holder of the item or the presiding judge presents it, and, just as with a presentation made on an application, the presiding judge may have a court official make the presentation, while the provision leaves open what leads the court to examine an item without any application.
Your judgment
If the record shows an item was examined but not who applied for it, how could the parties establish whether the examination was on application or of the court's own motion?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who must present the evidence item, or if a court decision explains when the court examines an item of its own motion rather than on an application.