Witness evidence

Question 1

what must parties do in relation to evidence and how?

Answer 1

Parties must adduce evidence to support their case.

Done using: documents, w/s and sometimes affidavits

Question 2

what happens if a party tries to adduce new evidence at trial? Will this be allowed?

Answer 2

If a party seeks to adduce new evidence at trial, this can only be done with the judge’s permission.

Must exceptional circumstances + good reason it wasn’t in w/s

Question 3

when can a person give oral evidence?

Answer 3

Person cannot give oral evidence unless they have f&s a w/s

(Interim applications - generally w/s only (not oral evidence))

Question 4

what power does the court have to control witness evidence?

Answer 4

Court has power to control witness evidence, i.e.:
o Directions on issues + nature of evidence
o Exclude evidence (whether admissible or not)
o Limit cross-examination

Question 5

what must not be included in w/s?

Answer 5

Must not inc.:
o Inadmissible evidence (inc. irrelevant material)
o Legal argument
o Comment on other Ws

Question 6

what purpose does the w/s have at trial?

Answer 6

At trial, the w/s:
o Stands as the evidence in chief (= evidence given by W for the party who called them)
o Oral evidence then limited to replies given in cross-examination

Question 7

what is an affidavit?

Answer 7

sworn statement of evidence. Statement maker must swear/affirm before a solicitor (not their other) or authorised person to confirm the content is true