CPR 32 - Evidence Flashcards
Evidence - what is it?
Hearsay, witness statements and depositions
Hearsay evidence definition?
Untested evidence e.g. hasn’t been cross examined
Affidavit?
Sworn evidence; has more weight than a witness statement
Contempt of court if deliberately include false statement
Format of a witness statement?
Name
Occupation
Your own words - cannot be exaggerated by police officer on your behalf
SOT
What’s the general rule?
If we want any fact proved by a witness, it needs to be evidence in writing - why? cus it’s like any legal situation, you want evidence to be tested; we want oral evidence to be given
Evidence via video link - who’s eligible?
Vulnerable witness
In different part of the country
In fear
Age
Disability
Mental health
Sexual abuse
Indimidation
If you don’t use witness statement, cannot rely on it or rely on the witness
Amplifying witness statement definition?
Adding evidence that happened since/modify your WS.
Need permission of the court to do this.
Can apply to cross-x = if it’s a hearing or something that isn’t a trial, usually you’ll just have written evidence e.g. WS.
You can apply to cross-x the person giving evidence cus you think what they’re saying is a lie - true or false?
true
Example
Pub is loud and neighbour is getting interim injunction, my WS is bullshit, pub will wanna cross-x me otherwise they’ll be accepting my WS blindly. Can’t rely on my evidence if I don’t turn up to court.
Difference between Witness summary and statement?
Summary is less formal version of statement.
If you can’t do statement, you can do summary instead.
Summary is just the evidence you’re relying on.
Has to be served within the normal period.
Summary is informal statement to avoid a scenario where you miss the deadline and aren’t allowed to use anything
What happens if statement/summary not served?
Witness may not be called to be cross-examined.
Any evidence is then demoted to hearsay at a maximum.
If submissions aren’t live evidence, then it’s hearsay, which reduces its weight, as hearsay isn’t valued as much as a witness statement is.
Witness summary is witness statement without all the formalities.
Witness statement made in the process of litigation - privileged?
Yes
If I send a doc to other party and they don’t challenge it = given as they’ve accepted it.
Exchanging witness statement with other party
Mutual exchange - you get everything on the same day.
What is sequential disclosure?
You go first and then the other party will send theirs
When do you provide the date for when the statements are exchanged?
This is done at the directions hearing
Standard directions?
10 weeks within track allocation. Once you’ve got the track you’re on eg fast track, timer starts which is 10 weeks
Who controls evidence?
Judge
What do you need to do if you want to rely on evidence?
Submit the evidence to court
What do you do if you want to rely on WS at trial?
must call them unless court orders otherwise or submit it as hearsay evidence
WS is evidence in chief – everything you say is base around your witness statement – what u said in WS is what u must refer to at trial.
