Evidence of Fact

Question 1

The power of the court to control evidence extends to giving directions on (x5)

Answer 1

• issues on which it requires evidence
• nature of evidence required
• way in which evidence presented
• exclusion of evidence
• limits on cross-examination

Question 2

General rule - evidence to be proved (x2)

Answer 2

• at trial by oral evidence given in public
• in any other hearing, by evidence in writing

Question 3

If a witness is unable/willing to attend hearing in person - what alternative appearance ma be used?

Answer 3

video-link/other instant comm means

Question 4

evidence given at a hearing other than a trial, should be provided as a …

Answer 4

witness statement - unless otherwise ordered
may also rely on SoC/application notice so long as verified by statement of truth

Question 5

Where may an order for cross-examination be necessary?

Answer 5

where any party wishes to cross-examine a party giving evidence at a hearing other than a trial (as this will be done by statement) - order will require them to attend court, otherwise evidence cannot be relied upon without permission

Question 6

What is the consequence of giving a false statement?

Answer 6

contempt of court proceedings

Question 7

When might evidence by affidavit be required?

Answer 7

where instructed by court , rule of PD
can be done by choice - may not recover additional cost

Question 8

affidavit requirements

Answer 8

• types, 1 side of quality A4, bound
• page and para numbers
• dates expressed in figures

Question 9

In what circumstances would a deposition be an appropriate form for evidence?
What is deposition ?

Answer 9

if a witness is unable to attend trial. (illness/unavailability - videolink preferred )
- deponent examined before a judge/examiner

Question 10

conduct of deposition

Answer 10

• same form as trial
• with parties present/in private
• copy sent to person who obtained order and court where case will proceed

Question 11

If a party wishes to rely on a deposition at a hearing, what must they do?

Answer 11

• serve notice of intention to do so, at least 21 days before the day fixed for the hearing
  (deponent may be ordered to attend hearing)

Question 12

How can parties use WSs at trial?

Answer 12

• call witness to give oral evidence, unless ordered otherwise and statement of hearesay filed
• when called, Witness’s WS will stand as oral evidence
• with permission
  – amplify WS
  –give evidence in relation to new evidence

Question 13

When may a witness summary be appropriate?

Answer 13

where party required to serve WSs but unable to obtain one - e.g WS written but unsigned due to death/illness
includes
- evidence if known
- proposed questions for witness

Question 14

failure to file WS or Witness Summary?

Answer 14

witness cannot be called/relied on without permission

Question 15

What material can a witness be cross-examined on ?

Answer 15

evidence in WS and anything given in XIC

Question 16

Use of WS outside proceedings?

Answer 16

Not permitted unless consent/permission given, given in public

Question 17

Is a WS available for inspection?

Answer 17

yes unless court orders not due to justice/public interest

Question 18

What is a witness summons?

Answer 18

order requiring party to attend court to give evidence and produce documents
must be separate for each witness

Question 19

Rules surrounding witness summons - time limits for issue etc.

Answer 19

permission required where
- summons less than 7 days before trial
- to give evidence/produce documents on any day not the trial date/hearing

Question 20

court may issue witness summons for another court? t/f

Answer 20

T

Question 21

General rule about WS service.

Answer 21

At least 7 days before date required
served by the court - unless requesting parties indicates they wish to do it themselves (deposit money to court to compensate witness - travel and time)

Question 22

If a party does not serve notice that they wish a document to be proved at trial within…

Answer 22

… latest date for WS service OR within 7 days of disclosure, they are deemed to admit authenticity of the document