Witness Evidence Flashcards
What is the difference between direct and circumstantial evidence?
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
What can a party do if it wasn’t possible to obtain a witness statement before the exchange date specified in the directions order?
Seek court permission to serve a witness summary
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
good reason
If proponent of witness chooses not to call them, the opponent may still refer to the witness statement which the court will treat as ______
hearsay
How can a witness be compelled to give evidence?
Through service of a witness summons
How many days before the hearing must the party seeking to call the witness request the court to issue the summons?
7 days
What is conduct money?
A witness’s entitled payment to money for travel and lost time
When should conduct money be sent?
Along with the summons request
Is a witness summons effective without conduct money?
No
What is an affadavit?
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
Hearsay evidence is a statement made out of _____ offered in evidence to prove the _______ of what is being said in the statement
court, truth
What must the trial judge indicate in relation to hearsay?
The weight they attach to it
A proponent of the hearsay must have served _____ on the opponent of their intention to rely on it
Notice
If a witness will be attending trial, service of the ________ _______ itself constitutes notice
witness statement
If the Witness will not be attending trial, the party must serve a formal document giving…
notice
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
credibility, 14 days
What is a hostile witness?
A witness who refuses to testify truthfully on behalf of the party who called them
What is a judge permitted to do to deal with a hostile witness?
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
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
civil, conviction, committed
What is similar fact evidence?
Where a party may rely on previous incidents or conduct as evidence of similar conduct in the case in question
What is a notice to prove?
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
When must a notice to prove be served (2 potential options)?
- By the last day available for witness statement exchange or
- within 7 days of disclosure of the document
(whichever is later)
What is the consequence of serving a notice to prove and the document’s authenticity being subsequently proved at trial?
The court may make a costs order against the party who served the notice
What is a notice to admit facts?
An invitation to another party to admit specific facts or parts of a case
At least how many days before trial must a party serve a Notice to Admit Facts to the other party?
21 days
What is the consequence of serving a Notice to Admit Facts, the facts not being admitted, and the facts ultimately being proved at trial?
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
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)
opinion, perceived
