Witness evidence Flashcards
What are the two types of evidence?
Direct evidence (oral from a witness) and circumstantial evidence (indirectly suggests a fact).
What is required for evidence to be presented at trial?
Witnesses must provide a signed statement setting out their evidence.
What must a witness statement include?
A statement of truth and must be served on the opponent per the directions order.
What happens if a proponent does not call a witness?
The opponent can refer to the witness’s statement as hearsay.
How can a witness be compelled to give evidence?
By serving a witness summons, issued at least 7 days before the hearing.
What is required for a witness summons?
A separate summons for each witness, and witnesses are entitled to conduct money for travel.
What happens if a summoned witness fails to attend?
They may be held in contempt of court.
What is an affidavit?
A formal witness statement signed in the presence of a solicitor, who endorses it.
Define hearsay evidence.
Evidence made out of court offered to prove the truth of what is said in the statement.
What are the characteristics of hearsay evidence?
It can be oral or written, and the court gives it less weight than direct evidence.
What must the proponent of hearsay do before relying on it?
Serve notice to the opponent of their intention to rely on the hearsay evidence.
