SGS 6 Flashcards
What is hearsay evidence?
- a written or oral statement
- made on a previous occasion
- which is being adduced in court to say that the statement is true
What is the position on hearsay evidence?
Generally admissible - s1 CEA
What are the four options on receipt of notice of reliance on hearsay evidence?
- Request particulars (s2)
- Call for cross examination (s3)
- Attack credibility (s5)
- Challenge the weight of hearsay evidence at trial
Where in the CPR are the rules on notice of intention to rely on hearsay evidence?
CPR 33.2
What is the general rule on any fact needed to be proved by witness evidence?
CPR 32.2
When might it be suitable to serve a witness summary instead of a witness statement?
CPR 32.9
Where are the requirements for a witness statement set out?
PD 32
What is the general rule on opinion evidence?
That it is inadmissible as it is considered the role of the courts to form opinions
What are the exceptions to the rule on opinion evidence?
- Perceived facts (s.3(2) CEA 1972)
- Expert opinion (s.3(1) CEA 1972)
What should be included where a witness refers to an exhibit?
32 PD 18.4: ‘I refer to the [description] marked ‘x’ ‘
What should you not have at the beginning of a witness statement’s main body?
‘At all material times…’
What should you not have at the end of a witness statement’s main body?
‘In the circumstances, I request this honourable court… ‘
What is the statement of truth for a witness statement?
32 PD 20.2: i believe that the facts stated in this witness statement are true
When does any duty of disclosure continue until?
Until the proceedings are concluded (CPR 31.11)
What should you do if further documents come to the attention of the disclosing party after the disclosure list has been prepared?
Serve a supplemental list 31A PD 3.3
