Evidence of Fact - Witness and Witness Statements Flashcards
What are the three types of evidence?
1) Documents
2) Witness evidence (testimony)
a. Witness of fact
b. Expert witness
3) Real evidence
What is witness of fact?
Direct evidence by what witness perceived with own senses
What are real evidence?
Real items adduced as evidence
What is the flow of witness testimony in court?
1) Evidence in chief
2) Cross-examination
3) Re-examination
If a party has served a witness statement and wishes to rely on it, what must they do to use it?
Either call witness to give oral evidence or put in statement as hearsay
When does witness evidence exchange happen?
Usually right after disclosure and inspection
How long can parties extend time for serving witness statement?
Up to 28 days without the need for court approval if hearing is not at risk
What happens if more time is needed before serving witness statement which affects key case date?
Application to court under CPR 3 is required for approval
What should you do if witness statements are served late by your firm without an agreed extension?
An application for relief from sanctions should be made
What happens if they serve late without an application for relief?
Witness may not be allowed to give evidence
Can a witness be allowed to expand on their statement in court?
Yes, with permission of court
Will the court allow last minute changes or attempts to fix weak evidence?
No, as it would be unfair on the other party
For hearings other than trials, i.e. interim hearing, is witness evidence orally presented?
No, it is in writing
What type of witness statement is generally inadmissible?
Opinions
What is the exceptions to making opinion evidence admissible?
1) Perceived facts
2) Expert evidence
What is expert evidence?
A qualified expert can provide educated opinion on a relevant matter to be used as evidence
What are perceived facts?
If a witness is not an expert, opinion can still be admitted if it helps explain facts they personally observed
What is the meaning of relevant matter?
Expert and perceived must be relevant to the issue in the case
What is a witness statement verified by?
A statement of truth
Can a witness statement be used in other proceedings?
Only in the one it has been served, unless court’s permission or has been used at a public hearing
