Civil trial Flashcards
Can a plan, model or photograph which is not in a witness statement affidavit or expert report be used at trial?
Only if notice is given
It must be given by the latest date that witness statements must be served
Or
21 days before the hearing where there are no witness statements or the need for the evidence arose from witness statements served on them
What should then happen to allow the plan, model or photograph into evidence?
Each party should be allowed to inspect it and agree to its admission without further proof
Can the court proceed without parties present at trial?
Yes
But can also strike out statements of case of C, D or both
What is the test for setting aside an order for strike out for not attending trial?
The applicant must have:
(a) acted promptly
(b) had a good reason for not attending trial, and
(c) have a reasonable prospect of success at trial
What must a party do if it intends to rely on hearsay evidence?
Serve notice on the other parties
How is notice served of an intention to rely on hearsay evidence?
If the hearsay evidence is to be given orally, the witness statement of that witness is sufficient notice
If the hearsay evidence is given in a witness statement of a witness who will not give evidence, notice should be given with the witness statement which explains why they are not being called
If it is other evidence, the notice should identify the evidence, states that they intend to rely on it and gives reasons why witnesses will not be called
When must a notice of intention to rely on hearsay evidence be served by?
By the latest date that witness statements can be served
When does the requirement to give notice of hearsay not apply?
At hearings other than trials
a statement of the deceased in probate proceedings
What can other parties do after receiving the notice of intention to rely on hearsay
Can apply to the court for permission to call the witness for cross examination.
Can call evidence to attack the credibility of the maker of the hearsay statement
When must an application to cross examine the maker of a hearsay statement be made?
Within 14 days of receiving the notice of intention to rely on hearsay
What must a party do to call evidence to attack the credibility of the maker of a hearsay statement?
Give notice of their intention not more than 14 days after receiving notice of intention to rely
Can convictions be used in evidence?
Yes - must be subsisting but are evidence of the crime having been committed.
crimes in UK and a service offence anywhere are relevant
