Civil Trial and Evidence Flashcards
CPR 28.7 and 29.9?
Unless trial judge orders otherwise, trial will be conducted in accordance with any order previously made. (Fast track; multi-track)
CPR 33.6?
Rules applying to using plans photographs and models as evidence outside of witness statements
If a party wants to use physical (photo, model etc) evidence outside of what requires prior notice at trial when must they gibe notice of this?
No later than the latest date for serving witness statement and at least 21 days before the hearing he intends to use it at
Can photos, models, and plans be included with expert reports?
Yes - but must give notice of this inclusion to parties when the expert’s report is served
CPR 39.3?
Court MAY proceed with a trial in the absence of one or both parties - but non-attendance can have ramifications?
What is a potential outcome where no parties attend trial?
The court may strike out all of proceedings
What is a potential outcome where C does not attend trial?
Court may strike out the claim and any defence to counter claim
What is a potential outcome where D does not attend trial?
Court may strike out the defence, or counterclaim, or both.
What can happen after the court has struck out some or all of a claim or defence?
Proceedings can be restored, OR a party can apply for judgment or order to be set aside
What 3 circumstances must be met under CPR 39.3 for set aside to be granted?
(1) applicant acted promptly (2) had good reason for non-attendance (3) has reasonable prospect of success at trial
Define hearsay for purposes of CPR 33?
A statement made (not during oral evidence) which is tendered as evidence - to even if secondary hearsay.
What is the statute for hearsay definition?
s.1(2) Civil Evidence Act 1995
How do parties comply with s2(1)(a) Civil Evidence Act?
Where intending to rely on hearsay orally or in a witness statement, parties must serve WS on other parties.
If parties intend to rely on hearsay in a witness statement what must they do?
They must inform other parties that the witness who gave the statement isn’t being called, and why.
What are the time limits on notification of intention to use hearsay?
Party wanting to rely on hearsay must serve notice no later than latest day for witness statements, and if hearsay is in document must serve a copy of that.
When DON’T parties have to notify their intention to rely on hearsay evidence?
When its for hearings that aren’t trials; a statement made by the deceased in probate hearings, where the requirement is excluded by practice direction.
What must a party do if they intend to attack the credibility of a hearsay witness not called by opposition?
Must give notice that they intend to call evidence against credibility not more than 14 days after the day a hearsay notice was served.
What is most important with hearsay evidence in civil trials?
Giving notice of intention to use hearsay (usually 14 days) and contents
Is hearsay evidence admissible?
Yes - it being hearsay does not lead to exclusion on that alone.
Can parties waive hearsay requirements?
Yes, by agreement with each other, otherwise no.
What is the consequence of non-compliance with hearsay rules?
Does not affect admissibility but can be considered (1) to costs (2) in reducing weight given to evidence
What can other parties do with hearsay witnesses?
They’ve got power to call witnesses for cross-examination when court allows
What circumstances can affect the weight of hearsay evidence?
If there’s no good reason for not having them as a witness; whether evidence is contemporary or contains multiple hearsays, was an edited statement originally
s.11 Civil Evidence Act 1968?
A person’s conviction is admissible to prove along w docs that they committed that offence
