Dispute Resolution - Witness Evidence

Question 1

Hearsay evidence

Answer 1

• Generally admissible
• Court may place less weight on hearsay evidence
• If witness in court, their evidence is no longer hearsay but evidence in chief - not required to give evidence unless other side wishes to cross-examine

Question 2

Witness not able to attend trial

Answer 2

Witness statement is hearsay

Party wishing to rely on statement must serve notice

If witness statement already served, a notice must be sent to the other side explaining the witness cannot be called and why

Other side may apply to court to have witness attend and can serve notice to attack credibility of witness within 14 days of notice being served

Trial judge will decide how much weight to give hearsay evidence

Question 3

Notice to Admit Facts

Answer 3

If facts are admitted then no need to prove them

If not and proved at trial, recipient of the notice to admit facts may be ordered to bear the cost of proving the fact irrespective of case outcome

Question 4

Inadmissible Evidence

Answer 4

• Opinion evidence, save for expert evidence
• Without predjudice correspondence; offers to settle cannot be used at trial

Question 5

Direct Evidence

Answer 5

Oral evidence from a witness who perceived the facts

Question 6

Circumstantial Evidence

Answer 6

Allows the court to decide whether a particular fact existed

Includes opinion evidence

Question 7

Witness Summary

Answer 7

Filed and served with the permission of the court if it is not possible to obtain a witness statement by date of exchange