(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.
(b) put the witness statement in as hearsay evidence, any other party may put the witness statement in as hearsay evidence.īack to top Evidence in proceedings other than at trial
(a) call the witness to give evidence at trial or (5) If a party who has served a witness statement does not– (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. (b) give evidence in relation to new matters which have arisen since the witness statement was served on the other parties. (3) A witness giving oral evidence at trial may with the permission of the court – (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. (Part 33 contains provisions about hearsay evidence) He must call the witness to give oral evidence unless the court orders otherwise or he puts the statement in as hearsay evidence. (b) he wishes to rely at trial on the evidence of the witness who made the statement, (a) a party has served a witness statement and (b) whether or not the witness statements are to be filed.īack to top Use at trial of witness statements which have been served (a) the order in which witness statements are to be served and (3) The court may give directions as to – (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. (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. (c) limiting the length or format of witness statements.īack to top Evidence by video link or other meansģ2.3 The court may allow a witness to give evidence through a video link or by other means.īack to top Requirement to serve witness statements for use at trial (b) identifying the witnesses who may be called or whose evidence may be read or (a) identifying or limiting the issues to which factual evidence may be directed (a) to any provision to the contrary contained in these Rules or elsewhere or (b) at any other hearing, by their evidence in writing. (a) at trial, by their oral evidence given in public and (1) The general rule is that any fact which needs to be proved by the evidence of witnesses is to be proved – (3) The court may limit cross-examination (GL).īack to top Evidence of witnesses – general rule (2) The court may use its power under this rule to exclude evidence that would otherwise be admissible. (c) the way in which the evidence is to be placed before the court. (b) the nature of the evidence which it requires to decide those issues and (a) the issues on which it requires evidence (1) The court may control the evidence by giving directions as to – Use of witness statements for other purposesĪvailability of witness statements for inspection Use at trial of witness statements which have been servedĮvidence in proceedings other than at trialĬonsequence of failure to serve witness statement or summary Requirement to serve witness statements for use at trial
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