Topic 18- Evidence Flashcards
How does the court control evidence with directions?
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
How is witness evidence proving a fact given at trial?
By their oral hearing given in public
How is witness evidence proving a fact given at a hearing other than at trial?
By their evidence in writing
Will the court allow a witness to give evidence via video link?
Yes, they may allow this
What is a witness statement?
This is a written statement signed by a person containing evidence which that person would be allowed to give orally
If a party has served a witness statement and wishes to rely on the evidence at trial, what must the party do?
He MUST call the witness to give oral evidence
OR
Put the statement in as hearsay evidence
Can a witness giving oral evidence amplify their statement, or give evidence in relation to new matters?
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
If a witness wishes to change or amplify their evidence near to a trial, what should the court do?
They will likely not permit the amplification, as it is unjust on the opponent
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?
The other party may put the witness statement in as hearsay evidence
Must obtain court’s permission
Where written evidence is given at a hearing other than trial, how does another party cross-examine that evidence?
They may apply to the court for permission to cross examine the person giving evidence
If a party is required to serve a witness statement at trial, but is unable to obtain one, what can the party do?
They can apply without notice for permission to serve a witness summary instead
What is a witness summary?
This is a summary of the known evidence that would have been included in a witness statement
If a witness statement or summary is not service within the time specified, what may happen?
The witness may not be called to give oral evidence, unless the court gives permission
Can a witness statement be used for purposes other than the proceedings in which they were served?
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
Can a witness statement be withheld from inspection during the court of a trial?
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
If a person makes a false statement in a document, what may happen?
Proceedings for contempt of court may be brought
What is the time period for serving notice to admit facts?
No later than 21 days before the trial
What is a witness summons?
This is a document issued by the court requiring a witness to attend court to give evidence
OR
Produce documents to the court
When will a witness summons be binding?
If it is served at least 7 days before the date required for the witness to attend court
Who serves a witness summons?
It will usually be served by the court, unless the party issuing it indicates in writing that they wish to serve it themself
Will a witness be compensated when given a witness summons?
Yes, the witness should be offered a reasonably sufficient sum to cover travel expenses
+
Loss of time
When will a deposition be required?
When a witness cannot attend court, and it is necessary for the purposes of trial
How is a deposition obtained?
The party must serve notice of his intention on all the other parties at least 21 days before the hearing
How is hearsay evidence given in court when there is no witness statement?
The party must serve notice on the other parties identifying the hearsay
When will a notice for hearsay not be required?
At a hearing other than trial
Can a party cross-examine on hearsay evidence?
Yes, the party must make an application for permission not more than 14 days after the notice of intention was served
If a party wishes to attack the credibility of a hearsay statement, what must they do?
They must give notice of his intention not more than 14 days after the hearsay notice was served
If a witness statement has been served, but has been deciding not to be used by the party, what can the opponent do?
They can put in the statement as hearsay evidence
Where a party is required to serve a witness statement for use at trial, but is unable to obtain one, what should they do?
They should apply without notice for permission to serve a witness summary
What is the general admissibility rule of hearsay in civil proceedings?
Evidence shall not be excluded on the grounds that it is hearsay
In estimating the weight to be given to hearsay evidence, what circumstances will the court have regard to when looking at its reliability?
Made contemporaneously
Multiple hearsay
Was it edited
If a party adduces hearsay evidence, and does not call that person, what can the other party do?
They can call that person as a witness and cross-examine him on the hearsay statement
How can a witness amplify their witness statement?
By obtaining the permission of the court
But only if there is good reason not to confine the witness to the original statement
Can a witness amplify their witness statement on the day of trial?
Usually no, as it is causes injustice to the opponent
When must a witness summary be served?
Within the same period in which a witness statement would have had to be served
How can a party prove a document at trial?
By serving a notice to prove a document within 7 days of disclose of the document
Or
Latest date for serving witness statements
When will a witness summons be binding?
If it is served at least 7 days before the date the witness is required
OR
If the court directs it to be binding
What is the difference between a deposition and a witness summary?
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
How does a party obtain a deposition?
They must apply for an order for a person to be examined by the court before the hearing takes place
When a party wishes to use a deposition, what must they do?
They must serve notice of his intention on all the parties
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At least 21 days before hearing
If a witness summons is served less than 7 days before the hearing, can is still be binding?
Yes, the court may direct that it is binding
Where a conviction is used a trial, what is the evidential effect of the conviction?
If the conviction is relevant to the issues, the defendant will be taken to have committed the offence unless the contrary is proved
