DeDanaan

Filed by Aine MacDermot

COURT PROCEDURE

To initiate a law case at all, the victim (or a relative of him) has to publicly indicate that an offense has been committed, and to take legal action has to hire an advocate to plead on his behalf. Has a law case been formally initiated in that way, a court hearing has to take place. This is a formalised action, divided in eight stages which will be described in the following.

Fixing a date for the hearing

This is the first stage in the court procedure. From what we can deduce from some texts, it was probably set to the fifth day after the announcement, with the defendant giving a pledge that he will attend on the third day.

Choosing the “proper path of judgment” by the plaintiff’s advocate

There exist five different paths, being fír (truth), dliged (entitlement), cert (justice), téchtae (propriety) and coir n-athchomairc (proper enquiry), which set some specific procedures and bonds for the further process. If the advocate chooses the wrong path or changes it during the process, he has to pay a fine of a cow, the case, however, seems not to be affected by this failure. The five paths do deal with different kinds of offenses mainly.

The giving of security (árach)

Now, before anything else happens both parties in the law case must be bound by either a pledge or a surety that they will abide to the judgment. Which kind of security has to be given hereby depends on the paths choosen above.

Pleading (tacrae)

The pleading takes place in front of one or more judges, in a court (airecht). The more complicated the case, the more judges would be required. The place for this can either be a judge’s house or, in case that numerous witnesses, supporters and similar would be involved, an open air location was choosen, probably at a regular site. In front of the court both parties now make their pleading, probably also involving the hearing of witnesses and sureties.

Counter-pleading (frecrae)

The next step is the counter-pleading, in which both advocates try to rebut the other party’s case. This also may involve the hearing of witnesses and sureties.

Judgment (breth)

After both parties have commeced their pleading and counter-pleading, the judges make a judgemant.
Announcement (forus)

After the the judge(s) have come to a decision, the judgment is announced, probably also including an exposition on what basis the judge(s) have come to their judgment.

Conclusion (forbae)

Finally, the case is concluded. This probably involved some ceremonies, and it is likely that also the putting into effect off the judgments was part of this stage.

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