DR X Witness Evidence & Expert Evidence

Question 1

Two types of evidence

Answer 1

Direct - oral evidence of a witness who perceived the facts

Circumstantial - evidence that does not directly establish a fact but that allows the court to decide whether a particular fact existed.

Question 2

Define conduct money

Answer 2

the money that a witness is entitled to a sum of money called conduct money for travel and lost time, including earnings lost on account of attending the trial.

Question 3

Content of statement of truth

Answer 3

I believe that the facts stated on this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belieft in its truth.

Question 4

If the statement of truth is made by the witness who is the party’s representative, what is needed to preface any reference to facts outside personal knowledge?

Answer 4

with ‘I am informed’…

Question 5

What if the witness statement cannot be procured before the date of exchange following the direction order?

Answer 5

a party may serve a witness summary. it is necessary to obtain permission of the court to serve a witness summary. This may be important for a party who wants to call a witness who is out of country or who will not sign a statement.

Question 6

Define an affidavit

Answer 6

A affidavit is a written statement confirmed by an oath or affirmation, predominantly for use as evidence in court. An affidavit must be sworn, normally before a solicitor.

Applicaitons for freezing injunctions or search orders must be suppported by affidavit.

Question 7

Define hearsay evidence.

Answer 7

a statement made otherwise than by a person while giving oral evidence in proceedings which is tendered as evidence of matters stated.

Hearsay is admissible evidence.

Question 8

IF a witness is unable to attend the trial and a party wants to rely on his signed statement, what kind of evidence it will be treated by the court

Answer 8

hearsay evidence. because the other party side will not have the opportunity to question the wintess in cross examination and thereby test the strength of the evidence.

Question 9

Define mutiple hearsay

Answer 9

that is hearsay layered within other hearsay.

Question 10

What the opponent must do to attack a hearsay evidence

Answer 10

the application must be made within 14 days of receiving the hearsay notice and serve a notice of intent to attack. To set aside that evidence it must be established that the witness is biased, untrustworthy or unreliable.

Question 11

Meaning of a hostile witness

Answer 11

If the witness proves to be more than unfavourable and shows a significant lack of cooperation to tell the truth on behalf of the party who called them or gives their evidence entirely inconsistent with their witness statement, they may be declared as hostile witness. they may be cross-examined on the facts of the case.

Question 12

Explain the role of relevant convictions on civil proceedings.

Answer 12

a criminal conviction on a derivative civil claim is relevant but it must tbe specifically pleaded.

Question 13

Explain the similar fact evidence rule

Answer 13

A party may rely on previous incidents or conduct as evidence of similar conduct. such as a 9 point endorsement for D who are charged with a traffic offence.

Question 14

Explain notice to admit facts

Answer 14

notice to admit facts must be served 21 days before trial to list facts that both party are not in dispute with. if the facts are not admit and are proven true at trial, the opposing party may need to pay costs associated with proving the facts at trial.

Question 15

Explain Notice to admit or Produce Documents

Answer 15

If a party believes a document produced is not authentic, the party can serve a notice to admit/prodce documents to prove the document at trial.

Question 16

Does an expert need professional qualification to be admitted as expert witness

Answer 16

it is preferred but not essential. The technical criteria can be satisfied with equivalent experience and expertise in the field.

Question 17

Do expert witness always have to attend court?

Answer 17

the default is that expert will not attend court unless the court directs the oral evidence may be given.

Question 18

Meaning of hot tubbing

Answer 18

the court process of calling expert witnesses to give evidence and be cross-examined concurrently. it also involves the parties’ experts engaging in discussion together while in the witness box.

Question 19

Discuss agreed expert

Answer 19

In PI cases parties often rely on an agreed expert, that is an expert nominated by the C’s representative in the pre-action protocol process. D retains the right to intruct their own expert if they are unhappy with the conclusions of the agreed expert

Question 20

Who must not be present during a meeting between the experts.

Answer 20

directions order is likely to require the parties to arrange a without prejudice meeting for the experts to identify issues. Legal representatvies should not be present when the experts meet.