Evidence of Fact Flashcards
Does the court have the power to control evidence?
Yes - it can decide what evidence it wants, how it is presented and can limit cross
What is the general rule with regard to witness in the civil courts?
If a fact needs to be proven be a witness, it should be done so in open court orally at trial, or through statement if any other hearing
Can the court allow a witness to give evidence via videolink?
yes
What can a party use as evidence in a hearing other than trial alongside witness statements?
statement of case and application notice, if verified by a statement of truth
At a hearing other than a trial, can a witness be cross examined?
Yes, if an application is made and is approved by the court
If such an order is made and the witness does not attend, their evidence cannot be used unless the court orders that it can
What is the sanction if evidence provided which is verified by a statement of truth is not true and they did not reasonable believe it to be true?
Contempt proceedings may be brought
When must evidence by given by affidavit?
When the court, a rule or pd requires
What form must an affidavit take?
Must abide by the PD 32.
If an order is given for a witness to give evidence by deposition, what must they be offered?
a sum reasonably sufficient to cover expenses
a sum by way of compensation for loss of time
If a witness statement is served and the party wishes to rely on it at trial, what must he do?
Call that witness, unless it is to be put in as hearsay evidence
Does a witness need permission from the court to amplify or add information that has arisen since the witness statement was served?
yes
When will permission to amplify or add material be given?
Where there is good reason not to restrict it to the contents of the witness statement
What power do parties have if a witness statement is served and the witness is not called and the statement is not put in as hearsay?
They can put in as hearsay
When can a witness summary be used instead of a witness statement?
When the party was unable to obtain a witness statement
The party who wishes to serve a witness summary may apply without notice for permission
If a witness statement or witness summary is not provided in the time allowed by the court, what is the effect?
The witness cannot be called unless the court gives permission
For what purpose can witness statements be used?
For the proceedings for which they are produced
That is unless:
the witness gives permission
the court gives permission
they have been entered into evidence in a hearing held in public
Is a witness statement relied on in proceedings open to inspection?
Yes
The court can restrict this if it is:
(a) in the public interest
(b) in the interests of justice
(c) if the nature of expert medical opinion in the statement requires it
(d) there is confidential information in the statement that requires it
(e) a child or protected party must be protected
What can a witness summons require?
Someone to attend court or produce documents
Can only require documents that would be required to be produced at a hearing
When is permission to obtain a summons required?
When it is less than 7 days before the trial
when it is for a hearing other than a trial
when it is for a date other than a trial date
What is the general rule for when a witness summons should be served?
It is binding if served at least 7 days before the date on which the witness is required to attend court
Who serves a witness summons?
Normally the court unless a party writes in to say they want to
What must be offered or paid when a summons is served?
a sum reasonably sufficient to cover his expenses in travelling
a sum by way of compensation for loss of time
What is a notice to admit facts?
A notice requiring another party to admit facts contained within it
When should a notice to admit facts be served?
No later than 21 days before the trial
