6 - Evidence Flashcards
1
Q
General rule on admissibility of evidence?
A
All evidence relevant to the facts is admissible in civil proceedings
2
Q
Admissible evidence
A
can be referred to and relied upon in court
3
Q
What are the exceptions to the rule on admissibility?
A
Inadmissible:
- Opinion evidence
- Privileged evidence (unless waived)
- Hearsay
4
Q
What is opinion evidence?
A
what a witness thinks, believes, or infers
5
Q
What opinion evidence IS admissible?
A
Perceived facts
Expert opinion
6
Q
what is hearsay?
A
Back up evidence - indirect, less reliable
7
Q
What is a witness statement and what is it used for?
A
a prior notice of what the witness will say.
used to narrow the issues down and promote settlement
8
Q
what is the rule on expert evidence?
A
there is a single joint expert agreed between the parties or by the court
