Topic 18- Evidence

Question 1

How does the court control evidence with directions?

Answer 1

Exclude evidence that may be admissible

They may control the issues on which it requires evidence

The nature of the evidence which it requires to decide those issues

The way in which the evidence is to be placed before the court

Question 2

How is witness evidence proving a fact given at trial?

Answer 2

By their oral hearing given in public

Question 3

How is witness evidence proving a fact given at a hearing other than at trial?

Answer 3

By their evidence in writing

Question 4

Will the court allow a witness to give evidence via video link?

Answer 4

Yes, they may allow this

Question 5

What is a witness statement?

Answer 5

This is a written statement signed by a person containing evidence which that person would be allowed to give orally

Question 6

If a party has served a witness statement and wishes to rely on the evidence at trial, what must the party do?

Answer 6

He MUST call the witness to give oral evidence
OR
Put the statement in as hearsay evidence

Question 7

Can a witness giving oral evidence amplify their statement, or give evidence in relation to new matters?

Answer 7

Yes, but only with the permission of the court
AND
Only if the court considers there is a good reason not to confine the evidence of the witness

Question 8

If a witness wishes to change or amplify their evidence near to a trial, what should the court do?

Answer 8

They will likely not permit the amplification, as it is unjust on the opponent

Question 9

If a party has served a witness statement, but does not call the witness or put it in as hearsay, what may the other party do?

Answer 9

The other party may put the witness statement in as hearsay evidence

Must obtain court’s permission

Question 10

Where written evidence is given at a hearing other than trial, how does another party cross-examine that evidence?

Answer 10

They may apply to the court for permission to cross examine the person giving evidence

Question 11

If a party is required to serve a witness statement at trial, but is unable to obtain one, what can the party do?

Answer 11

They can apply without notice for permission to serve a witness summary instead

Question 12

What is a witness summary?

Answer 12

This is a summary of the known evidence that would have been included in a witness statement

Question 13

If a witness statement or summary is not service within the time specified, what may happen?

Answer 13

The witness may not be called to give oral evidence, unless the court gives permission

Question 14

Can a witness statement be used for purposes other than the proceedings in which they were served?

Answer 14

Yes, if the witness gives consent in writing
OR
The court gives permission
OR
The witness statement has been put in evidence at a public hearing

Question 15

Can a witness statement be withheld from inspection during the court of a trial?

Answer 15

Yes, but only if the court is satisfied that it is-
- In the interests of justice
- Of public interest
- Nature of expert medical evidence
- Confidential information
- To protect the interests of any child or protected party

Question 16

If a person makes a false statement in a document, what may happen?

Answer 16

Proceedings for contempt of court may be brought

Question 17

What is the time period for serving notice to admit facts?

Answer 17

No later than 21 days before the trial

Question 18

What is a witness summons?

Answer 18

This is a document issued by the court requiring a witness to attend court to give evidence
OR
Produce documents to the court

Question 19

When will a witness summons be binding?

Answer 19

If it is served at least 7 days before the date required for the witness to attend court

Question 20

Who serves a witness summons?

Answer 20

It will usually be served by the court, unless the party issuing it indicates in writing that they wish to serve it themself

Question 21

Will a witness be compensated when given a witness summons?

Answer 21

Yes, the witness should be offered a reasonably sufficient sum to cover travel expenses
+
Loss of time

Question 22

When will a deposition be required?

Answer 22

When a witness cannot attend court, and it is necessary for the purposes of trial

Question 23

How is a deposition obtained?

Answer 23

The party must serve notice of his intention on all the other parties at least 21 days before the hearing

Question 24

How is hearsay evidence given in court when there is no witness statement?

Answer 24

The party must serve notice on the other parties identifying the hearsay

Question 25

When will a notice for hearsay not be required?

Answer 25

At a hearing other than trial

Question 26

Can a party cross-examine on hearsay evidence?

Answer 26

Yes, the party must make an application for permission not more than 14 days after the notice of intention was served

Question 27

If a party wishes to attack the credibility of a hearsay statement, what must they do?

Answer 27

They must give notice of his intention not more than 14 days after the hearsay notice was served

Question 28

If a witness statement has been served, but has been deciding not to be used by the party, what can the opponent do?

Answer 28

They can put in the statement as hearsay evidence

Question 29

Where a party is required to serve a witness statement for use at trial, but is unable to obtain one, what should they do?

Answer 29

They should apply without notice for permission to serve a witness summary

Question 30

What is the general admissibility rule of hearsay in civil proceedings?

Answer 30

Evidence shall not be excluded on the grounds that it is hearsay

Question 31

In estimating the weight to be given to hearsay evidence, what circumstances will the court have regard to when looking at its reliability?

Answer 31

Made contemporaneously

Multiple hearsay

Was it edited

Question 32

If a party adduces hearsay evidence, and does not call that person, what can the other party do?

Answer 32

They can call that person as a witness and cross-examine him on the hearsay statement

Question 33

How can a witness amplify their witness statement?

Answer 33

By obtaining the permission of the court

But only if there is good reason not to confine the witness to the original statement

Question 34

Can a witness amplify their witness statement on the day of trial?

Answer 34

Usually no, as it is causes injustice to the opponent

Question 35

When must a witness summary be served?

Answer 35

Within the same period in which a witness statement would have had to be served

Question 36

How can a party prove a document at trial?

Answer 36

By serving a notice to prove a document within 7 days of disclose of the document
Or
Latest date for serving witness statements

Question 37

When will a witness summons be binding?

Answer 37

If it is served at least 7 days before the date the witness is required
OR
If the court directs it to be binding

Question 38

What is the difference between a deposition and a witness summary?

Answer 38

A deposition is where a person is examined on oath before court, and their deposition is used in evidence

A witness summary is where a party has not served a witness statement and is unable to obtain one- therefore, they must make a summary of the evidence

Question 39

How does a party obtain a deposition?

Answer 39

They must apply for an order for a person to be examined by the court before the hearing takes place

Question 40

When a party wishes to use a deposition, what must they do?

Answer 40

They must serve notice of his intention on all the parties
>
At least 21 days before hearing

Question 41

If a witness summons is served less than 7 days before the hearing, can is still be binding?

Answer 41

Yes, the court may direct that it is binding

Question 42

Where a conviction is used a trial, what is the evidential effect of the conviction?

Answer 42

If the conviction is relevant to the issues, the defendant will be taken to have committed the offence unless the contrary is proved