5.1 Witness statements

Question 1

What are the two types of witness?

Answer 1

1. Witnesses of fact

2. Expert evidence

Question 2

Which Part of CPR deals with evidence (including witness evidence)?

Answer 2

Part 32

Question 3

Which Rule empowers the court to control evidence?

Answer 3

CPR 32.1

Question 4

What powers does the court have to control evidence?

Answer 4

CPR 32.1
(1)
The court may control the evidence by giving directions as to—
(a)
the issues on which it requires evidence;
(b)
the nature of the evidence which it requires to decide those issues; and
(c)
the way in which the evidence is to be placed before the court.
(2)
The court may use its power under this rule to exclude evidence that would otherwise be admissible.
(3)
The court may limit cross-examination

Question 5

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

Answer 5

CPR 32.10

Question 6

What is the consequence of failure to serve a witness statement or summary?

Answer 6

CPR 32.10

… the witness may not be called to give oral evidence unless the court gives permission.

Question 7

Which Rule requires witnesses to give oral evidence at trial?

Answer 7

CPR 32.2

Question 8

What is the general rule on witnesses giving oral evidence at trial?

Answer 8

CPR 32.2(1)
The general rule is that any fact which needs to be proved by the evidence of witnesses is to be proved—
(a)
at trial, by their oral evidence given in public; and
(b)
at any other hearing, by their evidence in writing.

Question 9

Which Rule deals with agreed extensions for serving witness statements in the fast track?

Answer 9

CPR 28.4

Question 10

Which Rule deals with agreed extensions for filing and serving witness statements in the multi-track?

Answer 10

CPR 29.5

Question 11

What are the limits on the parties agreeing extensions for filing and serving witness statements?

Answer 11

CPR 28.4 and 29.5
The parties can agree extensions of up to 28 days for filing and serving witness statements without permission from the court, as long as this does not effect key dates.

[If key dates will be affected or the parties cannot agree, they must apply to the court to use its case management powers under CPR 3.]

Question 12

What is a witness statement?

Answer 12

CPR 32.4(1)
A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally.

Question 13

What is the role of a witness statement at trial?

Answer 13

CPR 32.5(2)
Where a witness is called to give oral evidence …, his witness statement shall stand as his evidence in chief unless the court orders otherwise.

Question 14

Generally, a witness statement should contain every fact that needs to be proved by the witness’s evidence. What else may the witness do with its witness statement?

Answer 14

CPR 32.5(3)
A witness giving oral evidence at trial may with the permission of the court—
(a)
amplify his witness statement; and
(b)
give evidence in relation to new matters which have arisen since the witness statement was served on the other parties.

Question 15

The general rule is that a witness’s opinions are not admissible. Which provision sets out what when a witness’s opinion is admissible?

Answer 15

Section 3 Civil Evidence Act 1972

Question 16

What may an expert witness give an opinion on?

Answer 16

Section 3(1) Civil Evidence Act 1972
... his opinion on any relevant matter on which he is qualified to give expert evidence shall be admissible in evidence.

Question 17

What may a witness of fact give an opinion on?

Answer 17

Section 3(2) Civil Evidence Act 1972
[perceived facts]
… a statement of opinion by him on any relevant matter on which he is not qualified to give expert evidence, if made as a way of conveying relevant facts personally perceived by him, is admissible as evidence of what he perceived.

Question 18

Which Rule sets out the consequences of making false statements?

Answer 18

CPR 32.14

Question 19

What is the consequence of making a false statement in a witness statement?

Answer 19

CPR 32.14
Proceedings for contempt of court may be brought against a person who makes or causes to be made a false statement in a document, prepared in anticipation of or during proceedings and verified by a statement of truth, without an honest belief in its truth.

Question 20

When are witness statements usually exchanged?

Answer 20

After disclosure and inspection.

Question 21

What do witnesses of fact provide evidence of?

Answer 21

What they have perceived.