Evidence Flashcards
Who does the legal burden of proof lie with + the exception ?
Generally lies with C and each fr just be proven.
Exception is if D has relevant criminal conviction, burden is reversed
Contributory negligence falls on D as well.
What is the standard of proof in civil cases ?
Balance of probabilities
When is a witness statement required ?
If a party wishes to call a witness - must serve a witness statement setting out facts witness will give at trial
What if can’t obtain the witness statement ?
Apply to court without notice for an order to serve a written witness summery
What is an affidavit ?
Sworn statements of evidence before a solicitor or authorised person.
What is the rule for opinion evidence ?
Generally not admissible
What are the exceptions to the rule against opinion evidence?
- if it is made as away of conveying relevant facts personally perceived by them
- expert evidence
What is the general rule about hearsay evidence ?
It is admissible with notice requirements
What are the notice requirements for hearsay evidence ?
- If calling a witness serve other party with the statement
- if not appearing at trial must serve a hearsay notice
What if notice requirements are not met ?
Still admissible but failure is considered when assessing weight attributed to it.
What is the rule for calling expert evidence ?
Must have permission from the court
What is the experts primary duty ?
Primary duty is to the courts to provide objective unbiased opinions.
What is the procedure for separate expert evidence ?
1) Exchange of reports
2) Questions about reports
3) Discussion - identify extent of agreement
4) written joint statement
5) oral evidence
What is an important aspect of witness statement ?
Should be drafted in witness own language and in their words
What does without prejudice mean ?
Courts aren’t made aware of this
