Syllabus 19: Evidence of Fact
[CPR 32.1-3, 32.6, 32.7, 32.14, 32.15-16; CPR 34.8-9 and 34.11; and the commentary at paragraph
34.8.6]
Court can control the evidence by giving directions as to the issues which require evidence and the nature of the
evidence which it requires to decide those issues and the way in which the evidence is to be placed before the
court.
General rule: any fact which needs to be proved by the evidence of witnesses is to be proved –
(a) At a trial by their oral evidence given in public; and
(b) At any other hearing by their evidence in writing.
Court may allow a witness to give evidence through a videolink.
At hearings other that the trial, a party may rely on the matters set out in-
(a) His statement of case; or
(b) His application notice, if the statement of case or application notice is verified by a statement of truth.
Order for Cross-examination: False statements:
Affidavit evidence:
At hearing other than trial, evidence is given in writing, Proceedings for
Evidence must be given by
any party may apply to the court for permission to XX the contempt of court may
affidavit instead of or in addition
person giving the evidence. be brought against a
to a witness statement if required
person who makes or
If the permission is given by court but person does not by the court, PD etc.
causes to be made a
attend by the order, his evidence may not be used unless false statement in a
the court gives permission. document.
The party putting forward the
affidavit may not recover the
additional cost of making it from
any other party unless court
orders otherwise.
Evidence by deposition:
Affidavit must comply with
Party may apply for an order for a person to be examined before the hearing takes
requirements set out in PD32
place.
Person is referred to as a ‘’deponent’’ and the evidence is referred to as a ‘’deposition’’.
The examination must be conducted in the same was as if the witness were giving
evidence at trial.
Copy of deposition must be sent to the person who obtained the order for the
examination and the court where the case is proceeding.
The deposition may be given in evidence at a hearing unless court orders otherwise.
Party intending of putting deposition in as evidence must serve notice at least 21 days
before the day fixed for the hearing.
The court may require the deponent to attend the hearing and give oral evidence.
**Evidence via videolink will be preferable in some cases and has the further
advantage that the trial judge will hear the evidence first hand**
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