Evidence of Fact: Witnesses and Witness Statements

Question 1

What is the general rule for proving facts at trial?

A) Facts must be proved solely by expert reports
B) Facts can only be proved through disclosure
C) Facts must be proved through real evidence only
D) Facts must be proved by admissible evidence

Answer 1

D) Facts must be proved by admissible evidence.

Explanation: In civil litigation, facts in issue must be proved by admissible evidence, which includes documents, witness evidence, and real evidence.

Question 2

Under CPR 32.5, what is the purpose of a witness attending trial after serving a witness statement?

A) To re-read their statement in court
B) To deliver new evidence
C) To be cross-examined and re-examined
D) To authenticate the trial bundles

Answer 2

C) To be cross-examined and re-examined.

Explanation: Witness statements serve as evidence-in-chief; witnesses attend trial mainly for cross-examination and re-examination.

Question 2

What is a witness statement?

A) Oral testimony without a written form
B) A document containing legal arguments
C) An unsigned summary of facts
D) A written statement signed by a person containing evidence they could give orally

Answer 2

D) A written statement signed by a person containing evidence they could give orally.

Explanation: A witness statement is the written equivalent of the oral evidence the witness would give in court, signed and verified by a statement of truth.

Question 3

Emma serves her witness statement late without court permission. Which rule applies preventing her from giving oral evidence?

A) CPR 32.10
B) CPR 32.2
C) CPR 31.17
D) CPR 32.14

Answer 3

A) CPR 32.10.

Explanation: CPR 32.10 states that if a witness statement is not served in time, the witness cannot be called without court permission.

Question 4

David is a solicitor drafting a witness statement for a client. What must he do before the client signs it?

A) Warn them about the consequences of making a false statement
B) File it immediately with the court
C) Submit it unsigned for opponent review
D) Ensure it is certified by a notary

Answer 4

A) Warn them about the consequences of making a false statement.

Explanation: Witnesses must be warned about the serious consequences of signing a false statement of truth (CPR 32.14).

Question 5

An interim application is filed. How should evidence supporting it normally be presented?

A) In a written witness statement
B) By oral testimony at a mini-trial
C) Via expert opinion only
D) Through pre-trial disclosure only

Answer 5

A) In a written witness statement.

Explanation: Evidence for interim applications is typically presented through witness statements without oral testimony unless permission to cross-examine is granted (CPR 32.2).

Question 6

A witness says, “The driver was definitely reckless.” What rule applies to admitting this type of statement?

A) It is automatically inadmissible
B) It must come from an expert witness
C) It may be admissible under the ‘perceived facts’ exception
D) It is always privileged and inadmissible

Answer 6

C) It may be admissible under the ‘perceived facts’ exception.

Explanation: Statements like “reckless” may convey facts perceived by the witness (sound, speed, conduct) and be admissible under s.3 Civil Evidence Act 1972.

Question 7

James wants to amplify his witness statement at trial with additional facts discovered recently. What must he do?

A) File an amended witness statement
B) Seek permission from the opposing party
C) Obtain the court’s permission
D) Include it without permission as evidence-in-chief

Answer 7

C) Obtain the court’s permission.

Explanation: Under CPR 32.5(3), a witness must seek permission to amplify or add new matters during oral evidence.

Question 8

When may a party extend time for serving witness statements without court permission?

A) By making an oral agreement in court
B) By written agreement for up to 28 days, if no hearings are affected
C) Only with a judge’s approval
D) If they notify the opponent verbally

Answer 8

B) By written agreement for up to 28 days, if no hearings are affected.

Explanation: CPR 28.4 allows parties to agree extensions of up to 28 days if it does not impact a listed hearing.

Question 9

Which two types of admissible witness opinion evidence exist in civil cases?

A) Only factual perceptions
B) Perceived facts and expert opinions
C) Legal opinions and lay beliefs
D) Cross-examination inferences only

Answer 9

B) Perceived facts and expert opinions.

Explanation: Under Civil Evidence Act 1972 s.3, perceived facts and expert opinions are admissible forms of opinion evidence in civil trials.