Evidence chp 11

Question 1

What is the procedure if you wish to call upon expert evidence or you find out the other party wishes to call in a proceeding?

Answer 1

r 426-427 A party may apply to the court about the use of the expert evidence in the proceeding. Court can make directions about service of expert reports, when evidence will be given, and where experts need to confer etc

Question 2

r390 UCPR

Answer 2

390 Way evidence given Subject to these rules or a direction by
the court—
(a) evidence at the trial of a proceeding
started by claim may only be given orally;
and
(b) evidence in a proceeding started by
application may only be given by affidavit.

Question 3

What are the requirements for affidavits?

Answer 3

r 430-441; Every statement must be relevant. Can only contain evidence able to be
given orally (r 430 UCPR) No hearsay, unless subject to exception. Concise language, subheadings and one idea per paragraph. Use witness’s own words and language.

Question 4

Exchange of corro instead of affidavit evidence….

Answer 4

443 Application of pt 8
This part applies to the following applications—
(a) an application for further and better
particulars of the opposite party’s pleading
under rule 161 ;
(b) an application under chapter 10 , part
1 ;
(c) an application under chapter 10 , part
2 ;
(d) any other application relating to a failure
to comply with an order or direction
of the court.