Evidence of Fact Flashcards
under which requirements can the court control the evidence by giving directions on?
the issues on which it requires evidence
the nature of the evidence which it requires to decide those issues and
the way in which the evidence is to be placed before the court.
under 32.1(2), when can the court also use it’s power under this rule?
to exclude evidence that would otherwise be inadmissible.
Under CPR 32.2, what is the general rule on the evidence of witnesses?
any fact which needs to be proved by the evidence of witnesses is to be proved at trial by their oral evidence given in public and at any other hearing by their evidence in writing.
under CPR r32.2(3), when can the court give direction to?
identifying or limiting the issues to which factual evidence may be directed, identifying the witnesses who may be called or whose evidence may be read; or limiting the length or format of witness statement.
under 32.3, what is the only exception can the court may allow a witness to give evidence other than at court?
through a video link or by other means.
Under CPR r32.6, what is the general rule on evidence in proceedings other than at trial?
evidence at hearings other than the trial is to be by witness statement unless the court, a practice direction or any other enactment requires otherwise
under CPR r32.6(2), what evidence can a party rely on at hearings other than the trial?
his statement of case
his application notice if the statement of case or application notice is verified by a statement of truth.
true or false:
where at a hearing other than the trial, evidence is given in writing, any party may apply to the court for permission to cross examine the person giving the evidence.
true.
true or false: proceedings for contempt of court may be brought against a person who makes or causes to be made a false statement in a document prepared in anticipation of or during proceedings and verified by a statement of truth without an honest belief in its truth.
true.
under CPR 32.15, when can evidence be given by affidavit?
if this is required by the court , a provision contained in any other rule, a practice direction or any other enactment.
true or false:
nothing in these rules prevents a witness giving evidence by affidavit at a hearing other than the trial if he chooses to do so in a case where para 1 doesn’t apply but the party putting forward the affidavit may not recover the additional cost of making it from any other party unless the court orders otherwise.
true.
what must an affidavit comply with?
the requirements set out in PD 32
When can deposition be used?
when the witness is too old or frail or about to leave the country, the party can apply for evidence to be given by deposition under CPR 34.8-34.12
Who is a deponent?
a person from whom evidence is to be obtained following an order under 34.8
What is deposition?
evidence to be obtained.
