Evidence

Question 1

What must be done to call a witness?

Answer 1

Serve a witness statement on all parties

Question 2

What must be done if a witness statement can’t be obtained?

Answer 2

Apply to court without notice for order to serve a written witness summary

Question 3

What is the purpose of a witness statemenet?

Answer 3

To set out in writing the evidence the witness wants to provide (not to argue a case!)

Question 4

Can a witness add to the statement at trial?

Answer 4

No, unless the court gives permission (will only do so if there’s good reason for why it wasn’t in the statement)

Question 5

Opinion isn’t admissible, unless…

Answer 5

• it’s an opinion of facts personally perceived, or
• it’s expert evidence

Question 6

Definition of hearsay

Answer 6

A statement made outside of court, repeated in court, to prove the truth of the matter stated

Question 7

When must a hearsay notice be served?

Answer 7

If the party using the hearsay doesn’t propose for the witness to give oral evidence

Question 8

Consequences of not serving a hearsay notice

Answer 8

Hearsay is still admissible, but the lack MAY be considered in deciding how much weight to give to it/when making costs order

Question 9

What can the other person do upon learning that hearsay will be used?

Answer 9

• ask the court to order the statement-maker to attend court, or
• serve a notice of intention to attack the hearsay’s credibility

Question 10

6 statutory guidelines for attaching weight to hearsay

Answer 10

A. would it be reasonable + practicable for statement-maker to attend as witness?
B. original statement made contemporaneously with event?
C. is it multiple hearsay?
D. any motive to misrepresent?
E. original statement edited/made in collaboration?
F. attempt to prevent proper evaluation of weight?

Question 11

Is permission needed to call an expert?

Answer 11

Yes, always

Question 12

What expert evidence is admissible?

Answer 12

“Opinion on any relevant matter on which he’s qualified to give expert evidence”

Question 13

What is the expert’s duty?

Answer 13

Provide objective, unbiased opinions
Overriding duty is to the court, not the party calling him

Question 14

Who may instruct a single joint expert?

Answer 14

Either party (must send copy of instructions to the other)

Question 15

When is a single joint expert used?

Answer 15

On the fast track, unless there’s a good reason not to

Question 16

How many experts can be used on the intermediate track?

Answer 16

1 per party (except if another is reasonably required + proportionate)

Question 17

Effect of not complying with formalities in an expert report

Answer 17

Expert’s evidence may be excluded
But, usually will only be considered in deciding what weight is attached to it