Evidence of fact in civil proceedings (CPR 32.1-16, 32.18-19)
32.1, Power of court to control evidence
(1) the court may control the evidence by giving directions as to:
o (a) the issues on which it requires evidence;
o (b) the nature of the evidence which it requires to decide those
issues;
o (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
(3) the court may limit cross-examination
32.2, Evidence of witnesses – general rule
(1) the general rule is that any fact which needs to be proved by the
evidence of witnesses is to be proved:
o (a) at trial by their oral evidence given in public; AND
o (b) at any other hearing --> by their evidence in writing.
(2) that is subject to:
o (a) any provision to the contrary in these Rules or elsewhere; or
o (b) to any order of the court.
(3) the court may give directions
o (a) identifying or limiting the issues to which factual evidence may be
directed
o (b) identifying the witnesses who may be called or whose evidence
may be read; or
o (c) limiting the length or format of witness statements.
32.3, Evidence by video link or other means
The court may allow a witness to give evidence through a video link or by
other means.
32.4, Requirement to serve witness statements for use at 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.
(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:
o (a) the order in which witness statements are to be served; and
o (b) whether or not the witness statements are to be filed.
, [[i.e. court WILL order SERVICE of W/S; MAY order FILING of W/S.
32.5, Use at trial of witness statements which have been served
(1) IF
o (a) a party has served a witness statement; AND
o (b) he wishes to rely at trial on the evidence of the witness who
made the statement
o he MUST call the witness to give oral evidence UNLESS:
the court orders otherwise;
OR he puts in the statement as hearsay evidence (in
accordance with Pt 33 procedure).
(2) where a witness is called to give oral evidence under (1), his witness
statement shall stand as his evidence in chief unless court orders otherwise.
o see commentary below re witness statement as evidence in chief
(3) a witness giving oral evidence at trial may, with permission of the court:
o (a) amplify his witness statement; and
o (b) give evidence in relation to new matters which have arisen since
the witness statement was served on the other parties.
o (4) the court will give permission under (3) ONLY IF it considers there
is ‘good reason’ not to confine the evidence of the witness to the
contents of his witness statement.
o see commentary below re amplification
(5) [where witness not called or statement admitted as hearsay] if a party
who has served a witness statement does not:
o (a) call the witness to give evidence at trial; OR
o (b) put the witness statement in as hearsay evidence
o any OTHER party may put the witness statement in as hearsay
evidence.
o [so if you’ve served a witness statement, and decide not to use it;
other side can use it]
o see commentary below, re witness not called
Commentary 32.5.1, re ‘witness statement as evidence in chief’ 32.5(2)
this rule builds on r32.1(c) [court’s power to give directions as to way in
which evidence is to be placed before the court].
Parties are required to serve their witness statements on other parties in
advance of trial (for purposes of (a) promoting settlement & (b) avoiding
surprise).
AND, in the event of the witness being called at trial their witness
statement should normally stand as their evidence-in-chief for purpose
of reducing trial time.
32.1, Power of court to control evidence
(1) the court may control the evidence by giving directions as to:
o (a) the issues on which it requires evidence;
o (b) the nature of the evidence which it requires to decide those
issues;
o (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
(3) the court may limit cross-examination
32.2, Evidence of witnesses – general rule
(1) the general rule is that any fact which needs to be proved by the
evidence of witnesses is to be proved:
o (a) at trial by their oral evidence given in public; AND
o (b) at any other hearing --> by their evidence in writing.
(2) that is subject to:
o (a) any provision to the contrary in these Rules or elsewhere; or
o (b) to any order of the court.
(3) the court may give directions
o (a) identifying or limiting the issues to which factual evidence may be
directed
o (b) identifying the witnesses who may be called or whose evidence
may be read; or
o (c) limiting the length or format of witness statements.
32.3, Evidence by video link or other means
The court may allow a witness to give evidence through a video link or by
other means.
32.4, Requirement to serve witness statements for use at 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.
(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:
o (a) the order in which witness statements are to be served; and
o (b) whether or not the witness statements are to be filed.
, [[i.e. court WILL order SERVICE of W/S; MAY order FILING of W/S.
32.5, Use at trial of witness statements which have been served
(1) IF
o (a) a party has served a witness statement; AND
o (b) he wishes to rely at trial on the evidence of the witness who
made the statement
o he MUST call the witness to give oral evidence UNLESS:
the court orders otherwise;
OR he puts in the statement as hearsay evidence (in
accordance with Pt 33 procedure).
(2) where a witness is called to give oral evidence under (1), his witness
statement shall stand as his evidence in chief unless court orders otherwise.
o see commentary below re witness statement as evidence in chief
(3) a witness giving oral evidence at trial may, with permission of the court:
o (a) amplify his witness statement; and
o (b) give evidence in relation to new matters which have arisen since
the witness statement was served on the other parties.
o (4) the court will give permission under (3) ONLY IF it considers there
is ‘good reason’ not to confine the evidence of the witness to the
contents of his witness statement.
o see commentary below re amplification
(5) [where witness not called or statement admitted as hearsay] if a party
who has served a witness statement does not:
o (a) call the witness to give evidence at trial; OR
o (b) put the witness statement in as hearsay evidence
o any OTHER party may put the witness statement in as hearsay
evidence.
o [so if you’ve served a witness statement, and decide not to use it;
other side can use it]
o see commentary below, re witness not called
Commentary 32.5.1, re ‘witness statement as evidence in chief’ 32.5(2)
this rule builds on r32.1(c) [court’s power to give directions as to way in
which evidence is to be placed before the court].
Parties are required to serve their witness statements on other parties in
advance of trial (for purposes of (a) promoting settlement & (b) avoiding
surprise).
AND, in the event of the witness being called at trial their witness
statement should normally stand as their evidence-in-chief for purpose
of reducing trial time.
