Evidence of Fact Flashcards
(41 cards)
What does CPR 32.1 apply to?
Evidence of fact AND opinion: can be controlled by court
What 3 ways can the court control evidence?
By giving directions as to what issue it’s about (2) nature of it (3) way it should be presented
What does CPR 32 not apply to?
CPR 32 does not apply to Part 8 claims as the evidence required is different
What is a natural consequence of court using 32.1 powers?
effect is that the court excludes what is admissible evidence even though they’ve no general power to do so.
What do the 32.1 powers extend to?
Ability to exclude hearsay evidence, though it should rarely be used to do so.
In what way can directions enact CPR32?
Directions can limit cross-examination by issues discussed or time taken. (But NOT chief).
What is the test for admissibility of similar evidence?
Whether the similar evidence is relevant and potentially probative of an issue. But should weigh in comparison to need to be fair and expeditious.
What is the general rule of witness evidence?
Any FACT to be proved by witness evidence must be given ORALLY at trial or in writing at any other hearing unless otherwise ordered.
What is CPR32.2 and what does it apply to?
How to give witness evidence OF FACTS ONLY.
What is the general rule for giving evidence in Part 8 proceedings?
In part 8 proceedings, the presumption is that evidence will be given in writing not orally. Same for judicial review.
In what type of writing should evidence outside of trial be presented?
Evidence of fact outside of trial should be in writing. Almost always - this should be in a witness statement.
CPR 32.3?
The court may allow a witness to give evidence through a video link etc. Although physical presence is preferred.
Define witness statement for the purposes of 32.4?
A written statement signed by a person containing the evidence which that person would be allowed to give orally.
Who must be served witness statements under 32.4?
Witness statements intended to be relied upon must be served on all other parties. Court may decide order of service and whether filing is necessary.
What’s the difference between a witness statement and summary?
A statement is ‘full evidence’, a summary only identifies the witness and what issues their evidence will deal with.
What is the format of witness statements?
The form detailed in CPR32.8, signed and verified by a statement of truth.
Can witness statements be given in foreign languages?
Yes. They must be in a witness’s native language and then translated into English.
CPR 32.9?
A party ordered to serve a witness statement may apply to serve a summary instead
Is there a time limit for serving witness statements under CPR 32?
No - not in civil procedure. Although practice directions and orders may impose time limits.
What must parties do if they want to rely on a witness statement at trial?
They must call the witness to give oral evidence - the WS will then amount to that witness’s evidence in chief.
When will the court permit a witness to amplify their statement or give evidence on new matters?
If the court considers there to be good reason NOT to confine that witness’s evidence to only their statement.
What is the status of witness statements of those who do not show at trial?
Witness statements given by no-shows do not then become hearsay evidence. They remain evidence in chief.
How is evidence at hearings not a trial presented?
Written. Usually a witness statement. Parties can rely on matters in statement of case or application notices.
What contains a court’s power to order cross-examination?
CPR32.7
