Witness Evidence

Question 1

What is the difference between direct and circumstantial evidence?

Answer 1

Direct = a statement of evidence from a witness who perceived the facts
Circumstantial = does not directly establish a fact, but allows the court to decide whether a particular fact existed

Question 2

What can a party do if it wasn’t possible to obtain a witness statement before the exchange date specified in the directions order?

Answer 2

Seek court permission to serve a witness summary

Question 3

If a witness statement was not served, the proponent of the witness can’t call them to give evidence unless a _____ _______ for the failure can be shown

Answer 3

good reason

Question 4

If proponent of witness chooses not to call them, the opponent may still refer to the witness statement which the court will treat as ______

Answer 4

hearsay

Question 5

How can a witness be compelled to give evidence?

Answer 5

Through service of a witness summons

Question 6

How many days before the hearing must the party seeking to call the witness request the court to issue the summons?

Answer 6

7 days

Question 7

What is conduct money?

Answer 7

A witness’s entitled payment to money for travel and lost time

Question 8

When should conduct money be sent?

Answer 8

Along with the summons request

Question 9

Is a witness summons effective without conduct money?

Answer 9

No

Question 10

What is an affadavit?

Answer 10

A witness statement that’s sworn, usually before a solicitor, who will endorse it to say the maker had sworn before them that the contents were true

Question 11

Hearsay evidence is a statement made out of _____ offered in evidence to prove the _______ of what is being said in the statement

Answer 11

court, truth

Question 12

What must the trial judge indicate in relation to hearsay?

Answer 12

The weight they attach to it

Question 13

A proponent of the hearsay must have served _____ on the opponent of their intention to rely on it

Answer 13

Notice

Question 14

If a witness will be attending trial, service of the ________ _______ itself constitutes notice

Answer 14

witness statement

Question 15

If the Witness will not be attending trial, the party must serve a formal document giving…

Answer 15

notice

Question 16

A party served with a hearsay notice may seek to attack the witness’s ________ at trial by serving notice of an intent to do so within ___ ____ of receiving the notice

Answer 16

credibility, 14 days

Question 17

What is a hostile witness?

Answer 17

A witness who refuses to testify truthfully on behalf of the party who called them

Question 18

What is a judge permitted to do to deal with a hostile witness?

Answer 18

The witness can be cross-examined by the party who called them and have put to them a previous statement that is inconsistent with their present testimony

Question 19

In any _____ proceedings, the fact that a person has a ________ for an offence in the UK is admissible to prove, where relevant, that they ________ that offence unless proven otherwise

Answer 19

civil, conviction, committed

Question 20

What is similar fact evidence?

Answer 20

Where a party may rely on previous incidents or conduct as evidence of similar conduct in the case in question

Question 21

What is a notice to prove?

Answer 21

Where a party believes a document produced by an opponent is not authentic, the party can serve a notice to prove the document at trial

Question 22

When must a notice to prove be served (2 potential options)?

Answer 22

1. By the last day available for witness statement exchange or
2. within 7 days of disclosure of the document

(whichever is later)

Question 23

What is the consequence of serving a notice to prove and the document’s authenticity being subsequently proved at trial?

Answer 23

The court may make a costs order against the party who served the notice

Question 24

What is a notice to admit facts?

Answer 24

An invitation to another party to admit specific facts or parts of a case

Question 25

At least how many days before trial must a party serve a Notice to Admit Facts to the other party?

Answer 25

21 days

Question 26

What is the consequence of serving a Notice to Admit Facts, the facts not being admitted, and the facts ultimately being proved at trial?

Answer 26

The court may order the party who refused to admit the facts to pay the costs associated with proving the facts at trial, regardless of the outcome of the case

Question 27

Generally, lay witnesses cannot give _______ evidence.

However they may give evidence of facts as ________ by them (e.g. their perception of speed in a road traffic accident)

Answer 27

opinion, perceived