Flashcards in Unit 19 - Civil Evidence Deck (72)
If a witness statement is not served within the time specified by the court, can the witness be called?
Only with court permission.
If a party serves a witness statement and wishes to rely at trial on the evidence of the witness who made the statement, what MUST he do?
Call that witness the give oral evidence unless the court orders otherwise or he calls it as hearsay.
TRUE or FALSE. A witnesses' WS is their oral EIC unless court orders otherwise.
Can a witness amplify their WS at court?
With permission of the court.
Can a witness give evidence in relation to new matters arising since WS served on other parties?
With permission of the court.
Under what circumstances will a court give permission for witness to amplify/give new evidence?
If there are good reasons not to confine evidence of W to contents of WS.
Can either party put a WS in as hearsay evidence?
Yes. The other party can if witness not called to give evidence OR WS not put in as hearsay evidence.
How much notice is needed before deposition?
Serve at least 21 days before day fixed for hearing.
Define hearsay under CEA 1995:
A statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated.
Define statement under CEA 1995:
a representation of fact or opinion.
Can be made orally/by writing/by conduct.
TRUE or FALSE. Hearsay evidence in civil trials is inadmissible unless rendered admissible.
FALSE. It is admissible unless rendered inadmissible.
The duty to give notice to rely on hearsay evidence does NOT apply:
to evidence at hearings other than trials;
Where requirement excluded by PD
Do the provisions of CEA apply to claims on the small claims track?
Is there a duty to give notice of intention to rely on hearsay evidence in respect of interim applications?
What determines if a statement amounts to hearsay?
If the statement is being tendered as evidence of the matter stated (e.g. to prove the truth of its contents).
Where a party intends to rely on hearsay evidence and it is to be given by a person giving oral evidence, what constitutes notice?
Serving a copy of the WS in accordance with court orders.
Where a party intends to rely on hearsay evidence contained in WS of a person who is not being called to give oral evidence, what constitues notice?
Service of WS in accordance with court orders;
Informing the other parties that the witness was not being called;
Give the reason why the witness will not be called.
What is the latest day for serving notice of hearsay?
The latest date for serving witness statements.
What is the prescribed form for hearsay notices?
There is no set form.
TRUE or FALSE. A failure to give notice in accordance with the rules renders hearsay evidence inadmissible.
FALSE, however court will take it into account when exercising powers/costs/affecting weight of evidence.
Is hearsay evidence inadmissible if the person who made the statement was not competent as a witness?
E.g. mental capacity / lack of understanding
Can opinion evidence be inadmissible as hearsay?
Can a party request particulars of evidence, when notified of hearsay intention
How long does a party have to apply for XX of hearsay evidence after notice?
14 days after notice is served.
Is an application required to attack hearsay maker's credibility?
No. But notice must be given.
List some factors that the court will take into account when evaluating what weight to attach to hearsay evidence.
Any circumstances from which any inference can be drawn as to the reliability or otherwise of the evidence e.g.:
- Would it have been reasonable to have produced the maker of the statement as a W? (if a party adduces the statement rather than calls the W, relatively little weight will be attached)
- Whether the original statement was contemporaneous with the occurrence/existence of the matter stated
- Whether the evidence is multiple hearsay (see s 1(2)(b) for the definition of multiple hearsay)
- Whether any person involved had any motive to conceal/misrepresent the facts
- Whether the original statement was an edited account or was made in collaboration with another or for a particular purpose
- Whether the circumstances in which the evidence is adduced suggest an attempt to prevent proper evaluation of its weight
What is the purpose of CPR 33.6?
Give parties the chance to inspect any plans, model or photographs that another party intends to produce at trial.
Is notice required to adduce plans, photographs or models?
Yes, unless court says otherwise.
When will a trial not take place at the court where the case is being managed?
If it is appropriate having regard to the needs of the parties and the availability of court resources.