5.1 Beyond witness statements

Question 1

Which Part deals with evidence generally, including witness statements?

Answer 1

CPR 32

Question 2

Which Part deals with Witnesses, Depositions and Evidence for Foreign Courts?

Answer 2

CPR 34

Question 3

Which provision sets out the general rule on how parties can use witnesses to prove facts in hearings other than the trial?

Answer 3

CPR 32.2(1)(b)

Question 4

Which Rule deals with affidavit evidence?

Answer 4

CPR 32.15

Question 5

Where are the rules governing the form of affidavits set out?

Answer 5

CPR 32.16

32 PD 2-16

Question 6

Which Rule deals with applying to serve a witness summary?

Answer 6

CPR 32.9

Question 7

Which Rule sets out the consequence of failure to serve a witness statement or summary?

Answer 7

CPR 32.10

Question 8

Which Rule allows a party to serve notice on another party requiring it to admit facts?

Answer 8

CPR 32.18

Question 9

Which Rule applies where a party wishes to question the authenticity of a document served by the other side?

Answer 9

CPR 32.19

Question 10

Which Rules deal with witness summonses?

Answer 10

CPR 34.2-7

Question 11

Which Rule deals with evidence by deposition?

Answer 11

CPR 34.8

Question 12

How is witness evidence for hearings other than trial usually heard?

Answer 12

CPR 32.2(1)(b)
The general rule is that it is in writing only.

CPR 32.7
Any party can apply to cross-examine the person giving evidence.

Question 13

What is an affidavit?

Answer 13

A written, sworn (not verified by a statement of truth) statement of evidence.

Question 14

When can an affidavit be used instead of a witness statement?

Answer 14

CPR 32.15
(1)
When this is required by the court, a provision contained in any other rule, a practice direction or any other enactment or
(2)
In a hearing other than a trial, by the choice of the party giving the evidence.

Question 15

When can a witness summary be submitted instead of a witness statement?

Answer 15

CPR 32.9

With the court’s permission, if the witness will not give a statement or cannot be found.

Question 16

When is a party deemed to admit the authenticity of disclosed documents?

Answer 16

A party is deemed to admit authenticity unless it serves a notice to prove at trial under CPR 32.19.

Question 17

What is a witness summons used for?

Answer 17

CPR 34.2-7

A party applies for a witness summons in order to secure a witness’s attendance at trial.

Question 18

What is a deposition?

Answer 18

CPR 34.8

A deposition enables a witness to be examined under oath before the trial takes place.

Question 19

When is a deposition useful?

Answer 19

A deposition is useful if the witness will be unable to attend trial, e.g., due to illness.

[If the witness dies before trial and has not given evidence under oath, her witness statement will be treated as hearsay, which is given less weight.]