Evidence Flashcards
General rule
Any fact which needs to be proved by evidence of witnesses at trial shall be by oral evidence
Witness statement stands as evidence in chief with cross examination etc
Affidavit
Written statement of evidence sworn before an authorised person, instead of statement of truth
Affidavit required where
Search or freezing order
Requirements for affidavit
State on oath
Jurat - statement at end which authenticates it
- signed by all deponenyd
- completed and signed by person before whom it was sworn
Follow immediately from text and not put on separate page
Witness statement
Signed bu person which contains evidence they would give orally
Stands as EIC
Exchange of witness statement
Court gives directions at allocation/case management
Generally follows disclosure and inspection
Not usual to file at court - will be in trial bundle
Relying on witness statement
If party has served a witness statement and wishes to rely on it, must call that witness to give oral evidence or put statement in as hearsay
Extending time to exchange witness statement
Parties can agree extension up to 28 days without need for court approval as long as not put trial date at risk
If cannot agree or risk trial date - apply to court
Witness statement served late
Apply for relief from sanctions or witness may not be able to give evidence at trial
Opinion evidence
Not admissible unlesss
- expert evidence
- perceived facts - statement made as a way of conveying facts personally perceived - eg summer was drunk
Hearsay
Oral or written statement made out of court which is being adduced too court to prove truth of matter stated
Is hearsay admissible
Yes
Failure to give notice of intention to rely on hearsay
Still admissible but court attaches less weight to it.
Maybe penalised in costs
Options on receipt of notice of intention to rely on hearsay
1) request particulars
2) call for cross examination - call that person as a witness
3) challenge weight of hearsay evidence at trial
4) attack credibility of absent witness
