See also Practice Direction
32
Part
32
EVIDENCE
|
|
Power of court to control evidence
|
|
32.1 |
|
| | (1)
|
The court may control the evidence by giving directions
as to –
|
| | (a)
|
the issues on which it requires evidence;
|
|
| | (b)
|
the nature of the evidence which it requires to
decide those issues; and
|
|
| | (c)
|
the way in which the evidence is to be placed
before the court.
|
|
|
| | (2)
|
The court may use its power under this rule to exclude
evidence that would otherwise be admissible.
|
|
|
|
Evidence of witnesses – general
rule
|
|
32.2 |
|
| | (1)
|
The general rule is that any fact which needs to be
proved by the evidence of witnesses is to be proved –
|
| | (a)
|
at trial, by their oral evidence given in public;
and
|
|
| | (b)
|
at any other hearing, by their evidence in
writing.
|
|
|
| | (2)
|
This is subject –
|
| | (a)
|
to any provision to the contrary contained in
these Rules or elsewhere; or
|
|
| | (b)
|
to any order of the court.
|
|
|
|
|
Evidence by video link or other means
|
|
32.3 |
The court may allow a witness to give evidence through
a video link or by other means.
|
|
|
|
Requirement to serve witness statements for use at
trial
|
|
32.4 |
|
| | (1)
|
A witness statement is a written statement signed by a
person which contains the evidence which that person would be allowed to give
orally.
|
|
| | (2)
|
The court will order a party to serve on the other
parties any witness statement of the oral evidence which the party serving the
statement intends to rely on in relation to any issues of fact to be decided at
the trial.
|
|
| | (3)
|
The court may give directions as to –
|
| | (a)
|
the order in which witness statements are to be
served; and
|
|
| | (b)
|
whether or not the witness statements are to be
filed.
|
|
|
|
|
Use at trial of witness statements which have been
served
|
|
32.5 |
|
| | (1)
|
If –
|
| | (a)
|
a party has served a witness statement;
and
|
|
| | (b)
|
he wishes to rely at trial on the evidence of the
witness who made the statement,
|
he must call the witness to give oral evidence unless
the court orders otherwise or he puts the statement in as hearsay
evidence.
(Part 33 contains provisions about hearsay
evidence)
|
|
| | (2)
|
Where a witness is called to give oral evidence under
paragraph (1), his witness statement shall stand as his evidence in
chief(GL) unless the court orders otherwise.
|
|
| | (3)
|
A witness giving oral evidence at trial may with the
permission of the court –
|
| | (a)
|
amplify his witness statement; and
|
|
| | (b)
|
give evidence in relation to new matters which
have arisen since the witness statement was served on the other parties.
|
|
|
| | (4)
|
The court will give permission under paragraph (3) only
if it considers that there is good reason not to confine the evidence of the
witness to the contents of his witness statement.
|
|
| | (5)
|
If a party who has served a witness statement does not
–
|
| | (a)
|
call the witness to give evidence at trial;
or
|
|
| | (b)
|
put the witness statement in as hearsay evidence,
any other party may put the witness statement in as hearsay evidence.
|
|
|
|
|
Evidence in proceedings other than at
trial
|
|
32.6 |
|
| | (1)
|
Subject to paragraph (2), the general rule is that
evidence at hearings other than the trial is to be by witness statement unless
the court, a practice direction or any other enactment requires
otherwise.
|
|
| | (2)
|
At hearings other than 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.
|
|
|
| Amendments to Rule 32.6 w/e from 2 May 2000. |
|
|
Order for cross-examination
|
|
32.7 |
|
| | (1)
|
Where, at a hearing other than the trial, evidence is
given in writing, any party may apply to the court for permission to
cross-examine the person giving the evidence.
|
|
| | (2)
|
If the court gives permission under paragraph (1) but
the person in question does not attend as required by the order, his evidence
may not be used unless the court gives permission.
|
|
|
|
Form of witness statement
|
|
32.8 |
A witness statement must comply with the requirements
set out in the relevant practice direction.
(Part 22 requires a witness statement to be verified by a
statement of truth)
|
|
|
|
Witness summaries
|
|
32.9 |
|
| | (1)
|
A party who –
|
| | (a)
|
is required to serve a witness statement for use
at trial; but
|
|
| | (b)
|
is unable to obtain one, may apply, without
notice, for permission to serve a witness summary instead.
|
|
|
| | (2)
|
A witness summary is a summary of –
|
| | (a)
|
the evidence, if known, which would otherwise be
included in a witness statement; or
|
|
| | (b)
|
if the evidence is not known, the matters about
which the party serving the witness summary proposes to question the
witness.
|
|
|
| | (3)
|
Unless the court orders otherwise, a witness summary
must include the name and address of the intended witness.
|
|
| | (4)
|
Unless the court orders otherwise, a witness summary
must be served within the period in which a witness statement would have had to
be served.
|
|
| | (5)
|
Where a party serves a witness summary, so far as
practicable rules 32.4 (requirement to serve witness statements for use at
trial), 32.5(3) (amplifying witness statements), and 32.8 (form of witness
statement) shall apply to the summary.
|
|
|
|
Consequence of failure to serve witness statement or
summary
|
|
32.10 |
If a witness statement or a witness summary for use at
trial is not served in respect of an intended witness within the time specified
by the court, then the witness may not be called to give oral evidence unless
the court gives permission.
|
|
|
|
Cross-examination on a witness
statement
|
|
32.11 |
Where a witness is called to give evidence at trial, he
may be cross-examined on his witness statement whether or not the statement or
any part of it was referred to during the witness’s evidence in
chief(GL).
|
|
|
|
Use of witness statements for other
purposes
|
|
32.12 |
|
| | (1)
|
Except as provided by this rule, a witness statement
may be used only for the purpose of the proceedings in which it is
served.
|
|
| | (2)
|
Paragraph (1) does not apply if and to the extent that
–
|
| | (a)
|
the witness gives consent in writing to some
other use of it;
|
|
| | (b)
|
the court gives permission for some other use;
or
|
|
| | (c)
|
the witness statement has been put in evidence at
a hearing held in public.
|
|
|
|
|
Availability of witness statements for
inspection
|
|
32.13 |
|
| | (1)
|
A witness statement which stands as evidence in
chief(GL) is open to inspection during the course of the
trial unless the court otherwise directs.
|
|
| | (2)
|
Any person may ask for a direction that a witness
statement is not open to inspection.
|
|
| | (3)
|
The court will not make a direction under paragraph (2)
unless it is satisfied that a witness statement should not be open to
inspection because of –
|
| | (a)
|
the interests of justice;
|
|
| | (c)
|
the nature of any expert medical evidence in the
statement;
|
|
| | (d)
|
the nature of any confidential information
(including information relating to personal financial matters) in the
statement; or
|
|
| | (e)
|
the need to protect the interests of any child or
protected party.
|
|
|
| | (4)
|
The court may exclude from inspection words or passages
in the statement.
|
|
New text substituted in Rule 32.13(3)(e)
w/e from 1 October 2007,
Rule 32.13(1) amended w/e from 26 March 2001. |
|
|
False statements
|
|
32.14 |
|
| | (1)
|
Proceedings for contempt of court may be brought
against a person if he makes, or causes to be made, a false statement in a
document verified by a statement of truth without an honest belief in its
truth.
(Part 22 makes provision for a statement of truth)
|
|
| | (2)
|
Proceedings under this rule may be brought only
–
|
| | (a)
|
by the Attorney General; or
|
|
| | (b)
|
with the permission of the court.
|
|
|
| This Rule is referred to in: Part 78 (78.16), PDP 07 (7.3), PDP 07e (11.3), PDP 15 (2.3), PDP 16 (11.3), PDP 20 (4.3), PDP 22 (5), PDP 32 (26.3), PDP 35 (2.5), PDP 55b (8.3), QB Guide - Chapter 7 (7.10), Comm Ct Guide - Pt F (F7.4), Comm Ct Guide - Pt H (H1.1). |
|
|
Affidavit evidence
|
|
32.15 |
|
| | (1)
|
Evidence must be given by
affidavit(GL) instead of or in addition to a witness
statement if this is required by the court, a provision contained in any other
rule, a practice direction or any other enactment.
|
|
| | (2)
|
Nothing in these Rules prevents a witness giving
evidence by affidavit(GL) at a hearing other than the
trial if he chooses to do so in a case where paragraph (1) does not apply, but
the party putting forward the affidavit(GL) may not
recover the additional cost of making it from any other party unless the court
orders otherwise.
|
|
|
|
Form of affidavit
|
|
32.16 |
An affidavit(GL) must comply with
the requirements set out in the relevant practice direction.
|
|
|
|
Affidavit made outside the
jurisdiction
|
|
32.17 |
A person may make an affidavit(GL)
outside the jurisdiction in accordance with –
|
|
|
|
Notice to admit facts
|
|
32.18 |
|
| | (1)
|
A party may serve notice on another party requiring him
to admit the facts, or the part of the case of the serving party, specified in
the notice.
|
|
| | (2)
|
A notice to admit facts must be served no later than 21
days before the trial.
|
|
| | (3)
|
Where the other party makes any admission in response
to the notice, the admission may be used against him only –
|
| | (a)
|
in the proceedings in which the notice to admit
is served; and
|
|
| | (b)
|
by the party who served the notice.
|
|
|
| | (4)
|
The court may allow a party to amend or withdraw any
admission made by him on such terms as it thinks just.
|
|
|
|
Notice to admit or produce documents
|
|
32.19 |
|
| | (1)
|
A party shall be deemed to admit the authenticity of a
document disclosed to him under Part 31 (disclosure and inspection of
documents) unless he serves notice that he wishes the document to be proved at
trial.
|
|
| | (2)
|
A notice to prove a document must be served
–
|
| | (a)
|
by the latest date for serving witness
statements; or
|
|
| | (b)
|
within 7 days of disclosure of the document,
whichever is later.
|
|
|
|
|
Notarial acts and instruments
|
|
32.20 |
A notarial act or instrument may be
received in evidence without further proof as duly authenticated in accordance
with the requirements of law unless the contrary is proved.
|
|
| New Rule 32.30 added w/e from 1 October 2005. |