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Summary SGS 6 Civil Litigation LPC (Evidence) Lecture, SGS and Solution Notes and Exam Structure (High Distinction)
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SGS 6- Civil: Evidence, Experts, Expert Evidence, Witnesses and WITNESS STATEMENTS andconduct for this topic
Evidence
- The court can exclude evidence if it wishes, even if that evidence is admissible CPR 32.1(2).
Witness of fact
- Evidence can be given at trial by witness of fact or expert witnesses
- If you do not exchange witness statements then you cannot take your witness to court without the court’s permission CPR
32.10
- Where a party cannot obtain witness statement, it may serve a witness summary without notice under CPR 32.9(1) which
should include:
- The known evidence which would have been in the witnesses statement
- If the evidence is unknown then what the witness is to be questioned about
- The name and address of the witness CPR 32.9(2)
- Compliant with PD32
Witness summons
- Where a witness either refuses to attend court to give evidence or produce document to the court, a witness summons
can be used to require them to do so CPR 34.2(1)-34.7
- Should be served at least 7 days before the date on which the witness is required to attend court and give money which
covers the witnesses expenses and loss of time.
Procedure for a witness summons:
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, SGS 6- Civil: Evidence, Experts, Expert Evidence, Witnesses and WITNESS STATEMENTS and
conduct for this topic
Witness Statements
- Generally, these contain the evidence that a person will give at trial
- Witness beware! If a witness makes a false statement in their witness statement which is verified by a statement of truth
without an honest belief in its truth, they may face proceedings for contempt of court CPR 32.14(1).
- If a witness dies, his witness statement can be used as hearsay evidence CPR 32.9.
- The witness statement will usually stand as the witness’s evidence in chief at the trial CPR 32.5(2)
Format of a witness statement Formalities of a witness statement
CPR 32.8 and Prescribed by PD 32 para para 17-20 and must: CPR 32.4- serve the witness statement on the other party
Be in the witnesses own words para 18.1 (first person) CPR 32.10- if not served, the witness may not be called to
Include the witnesses full name, address, occupation and give evidence without the court’s permission
the fact that he is a party to the proceedings para 18.1 (top CPR 32.9(1)- where the witness providing the witness
corner endorsement) statement is no longer available (b) the party may apply
Contain a prescribed heading para 17.2 without notice for permission to serve a witness summary
Be supported by exhibits if necessary (evidence supporting CPR 32.5(1)- if a party has served a witness statement
the statements) which he wishes to rely on, the witness who made the
Verified by a statement of truth para 20.1. statement must be called to give evidence, unless the court
orders otherwise or he puts the statement in as hearsay
evidence.
Exchange of Witness Statements
The parties need to comply with any direction given for the exchange of witness statements.
CPR 32.10, if a witness statement is to be used at trial and is not served within the time specified by the court, the witness
may not be called upon to give oral evidence unless the court gives permission.
Parties can now agree an extension of up to 28 days for the filing and serving of witness statements without court
approval, but only if the extension does not put a hearing at risk CPR 29.5.
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