DR - witnesses Flashcards
What are the courts powers in relation to directions on evidence?
The court can issue directions:
- the evidence it requires
- the nature of the evidence it wants
- the way evidence is to be placed before the court
- exclude evidence
- limit cross-examination
How is witness testimony generally given at trial?
Orally
What is a witness statement?
a written statement signed by a person which contains the evidence which that person would be allowed to give orally. It is usually the witness’s evidence in chief.
If a party has served a witness statement, must they call the witness to give oral evidence at trial
Yes. Or they can put in the statement as hearsay.
How can the time limit for serving witness statements be extended?
The parties can agree in writing extensions of up to 28 days for serving of witness statements without court approval provided such an extension does not put a hearing at risk.
If an extension will affect a hearing date (or some other deadline) an application to the court should be made.
What happens if a witness statement is served late?
An application for relief from sanctions should be made.
Otherwise witness may not be called to give evidence
Can a witness add to their witness statement?
The court may permit them to do so if new matters have come to light. But won’t allow this if its a cover-up for deficiencies in the initial statement including when giving evidence orally
Does a witness generally give oral evidence at an interim hearing?
No, normally its just the written witness statement that’s used in evidence. Although it is possible for a party to apply for permission to cross examine the person giving the evidence, this is very rare.
Are the OPINIONS of witnesses admissible?
No, only statements of fact. Unless:
- perceived facts “she was drunk”
- expert opinion
Does each witness statement need to be verified by a statement of truth?
Yes - contempt of court if had no honest belief that the witness statement was correct.
Can a witness statement in one proceeding be used for other proceedings?
No - unless
- the witness or
- court has given permission, or
- it has been put in evidence at a hearing held in public.
Can a company or partnership be a witness?
No, only individuals
When does exchange of witness statements normally take place?
After disclosure and inspection.
Some evidence of fact must be given by affidavit. What are the requirements of an affidavit?
Must sworn before a person authorised to administer affidavits.
What are the differences between an affidavit and a witness statement?
Affidavit includes:
“state on oath”
“make this affidavit”
“There is now shown to me marked …” (for docs referred to)
What are the rules for the jurat statement at the end of an affidavit
- be signed by all deponants
- be signed by the person before whom the affidavit was sworn
- contain the full address of the person before whom the affidavit was sworn
- follow immediately on from the text and not put on a separate page.
When can a call for cross-examination be used?
Where a party adduces hearsay evidence, the other party may, with leave of court, call that person as a witness and cross-examine them.
Application to court must be made no later than 14 days after the hearsay notice was served.
When must a party give notice that they want to attack the credibility of an absent witness?
Notification of the other party that this is what it wants to do must be made no later than 14 days after the hearsay notice was served.
When can the fact that a person has been convicted of an offence in a UK court be admissible
- Providing the offence is relevant to an issue in the proceedings.
If a person has been convicted of an offence, does that end the matter?
No, the burden of proof is then on the offender to prove that they did not commit the offence on the balance of probabilities.
Can the time for serving witness statement be extended?
Yes, up to 28 days
For longer, court approval needed provided it does not put hearing at risk
What happens where no extension is agreed but witness statements were served late?
An application would be needed for relief from sanctions
What must evidence of facts be given by?
Affidavit (as opposed to a witness statement) if required by court
What authenticates an affidavit?
A jurat (not a statement of truth)
