21 Civil Trial and Evidence
1. the trial of civil cases
2. hearsay evidence in civil proceedings
3. convictions as evidence in civil proceedings
Examinable Material
1. Examinable material on the trial of civil cases will consist of the power of the court to control
evidence; the general rule regarding evidence of witnesses; evidence by video link or other
means; the use at trial of witness statements which have been served; witness statements as
evidence in chief; amplification of evidence; witness not called; use of witness statements
where party failing to attend trial; the use of plans, models and photographs as evidence;
failure to attend the trial; and the trial of civil cases, including trial timetables, order of
speeches, calling and examining witnesses, judgment, submissions on orders for costs and
permission to appeal. The relevant material is addressed in CPR 32.1-3, 32.5, 33.6 and 39.3;
PD 28 paragraph 8; PD 29 paragraph 10; and the commentary at paragraphs 32.5.1-32.5.3.1,
39.3.4, 39.3.5 and 39.3.7 of Volume 1 of ‘Civil Procedure’ (the White Book) 2022.
2. Examinable material on hearsay evidence in civil proceedings will consist of the use of
hearsay evidence at trial; notice of intention to rely on hearsay evidence; circumstances in
which notice of intention to rely on hearsay evidence is not required; power to call witness
for cross-examination on hearsay evidence; considerations relevant to weighing of hearsay
evidence; and credibility. The relevant material is addressed in CPR 33.1-33.5; and sections
1-4 Civil Evidence Act 1995, at paragraphs 9B-1071 to 9B-1074 of Volume 2 of 'Civil
Procedure' (the White Book) 2022.
3. Examinable material on convictions as evidence in civil proceedings will consist of the
admissibility of convictions as evidence in civil proceedings. The relevant material is
addressed in section 11 Civil Evidence Act 1968, at paragraph 9B-1032 of Volume 2 of 'Civil
Procedure' (the White Book) 2022.
31
,Rule 32_1
32.1— 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.
(3) The court may limit cross-examination(GL).
Rule 32_2
32.2— Evidence of witnesses—general rule1
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.
(3) The court may give directions—
(a) identifying or limiting the issues to which factual evidence may be directed;
(b) identifying the witnesses who may be called or whose evidence may be read; or
(c) limiting the length or format of witness statements.
Rule 32_3
32.3 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.
,Rule 32_5
32.5— 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.
Rule 33_6
33.6— Use of plans, photographs and models as evidence
33.6
(1) This rule applies to evidence (such as a plan, photograph or model) which is not—
(a) contained in a witness statement, affidavit(GL) or expert’s report;
(b) to be given orally at trial; or
(c) evidence of which prior notice must be given under rule 33.2.
(2) This rule includes documents which may be received in evidence without further proof
under section 9 of the Civil Evidence Act 1995.
(3) Unless the court orders otherwise the evidence shall not be receivable at a trial unless
the party intending to put it in evidence has given notice to the other parties in accordance
with this rule.
(4) Where the party intends to use the evidence as evidence of any fact then, except where
paragraph (6) applies, he must give notice not later than the latest date for serving witness
statements.
(5) He must give notice at least 21 days before the hearing at which he proposes to put in
the evidence, if—
(a) there are not to be witness statements; or
(b) he intends to put in the evidence solely in order to disprove an allegation made in a
witness statement.
(6) Where the evidence forms part of expert evidence, he must give notice when the expert’s
report is served on the other party.
(7) Where the evidence is being produced to the court for any reason other than as part of
factual or expert evidence, he must give notice at least 21 days before the hearing at which
he proposes to put in the evidence.
(8) Where a party has given notice that he intends to put in the evidence, he must give every
other party an opportunity to inspect it and to agree to its admission without further proof.
, Rule 39_3
39.3— Failure to attend the trial1
39.3
(1) The court may proceed with a trial in the absence of a party but—
(a) if no party attends the trial, it may strike out(GL) the whole of the proceedings;
(b) if the claimant does not attend, it may strike out his claim and any defence to
counterclaim; and
(c) if a defendant does not attend, it may strike out his defence or counterclaim (or both).
(2) Where the court strikes out proceedings, or any part of them, under this rule, it may
subsequently restore the proceedings, or that part.
(3) Where a party does not attend and the court gives judgment or makes an order against
him, the party who failed to attend may apply for the judgment or order to be set aside.(GL)
(4) An application under paragraph (2) or paragraph (3) must be supported by evidence.
(5) Where an application is made under paragraph (2) or (3) by a party who failed to attend
the trial, the court may grant the application only if the applicant—
(a) acted promptly when he found out that the court had exercised its power to strike out(GL)
or to enter judgment or make an order against him;
(b) had a good reason for not attending the trial; and
(c) has a reasonable prospect of success at the trial.
1. the trial of civil cases
2. hearsay evidence in civil proceedings
3. convictions as evidence in civil proceedings
Examinable Material
1. Examinable material on the trial of civil cases will consist of the power of the court to control
evidence; the general rule regarding evidence of witnesses; evidence by video link or other
means; the use at trial of witness statements which have been served; witness statements as
evidence in chief; amplification of evidence; witness not called; use of witness statements
where party failing to attend trial; the use of plans, models and photographs as evidence;
failure to attend the trial; and the trial of civil cases, including trial timetables, order of
speeches, calling and examining witnesses, judgment, submissions on orders for costs and
permission to appeal. The relevant material is addressed in CPR 32.1-3, 32.5, 33.6 and 39.3;
PD 28 paragraph 8; PD 29 paragraph 10; and the commentary at paragraphs 32.5.1-32.5.3.1,
39.3.4, 39.3.5 and 39.3.7 of Volume 1 of ‘Civil Procedure’ (the White Book) 2022.
2. Examinable material on hearsay evidence in civil proceedings will consist of the use of
hearsay evidence at trial; notice of intention to rely on hearsay evidence; circumstances in
which notice of intention to rely on hearsay evidence is not required; power to call witness
for cross-examination on hearsay evidence; considerations relevant to weighing of hearsay
evidence; and credibility. The relevant material is addressed in CPR 33.1-33.5; and sections
1-4 Civil Evidence Act 1995, at paragraphs 9B-1071 to 9B-1074 of Volume 2 of 'Civil
Procedure' (the White Book) 2022.
3. Examinable material on convictions as evidence in civil proceedings will consist of the
admissibility of convictions as evidence in civil proceedings. The relevant material is
addressed in section 11 Civil Evidence Act 1968, at paragraph 9B-1032 of Volume 2 of 'Civil
Procedure' (the White Book) 2022.
31
,Rule 32_1
32.1— 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.
(3) The court may limit cross-examination(GL).
Rule 32_2
32.2— Evidence of witnesses—general rule1
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.
(3) The court may give directions—
(a) identifying or limiting the issues to which factual evidence may be directed;
(b) identifying the witnesses who may be called or whose evidence may be read; or
(c) limiting the length or format of witness statements.
Rule 32_3
32.3 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.
,Rule 32_5
32.5— 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.
Rule 33_6
33.6— Use of plans, photographs and models as evidence
33.6
(1) This rule applies to evidence (such as a plan, photograph or model) which is not—
(a) contained in a witness statement, affidavit(GL) or expert’s report;
(b) to be given orally at trial; or
(c) evidence of which prior notice must be given under rule 33.2.
(2) This rule includes documents which may be received in evidence without further proof
under section 9 of the Civil Evidence Act 1995.
(3) Unless the court orders otherwise the evidence shall not be receivable at a trial unless
the party intending to put it in evidence has given notice to the other parties in accordance
with this rule.
(4) Where the party intends to use the evidence as evidence of any fact then, except where
paragraph (6) applies, he must give notice not later than the latest date for serving witness
statements.
(5) He must give notice at least 21 days before the hearing at which he proposes to put in
the evidence, if—
(a) there are not to be witness statements; or
(b) he intends to put in the evidence solely in order to disprove an allegation made in a
witness statement.
(6) Where the evidence forms part of expert evidence, he must give notice when the expert’s
report is served on the other party.
(7) Where the evidence is being produced to the court for any reason other than as part of
factual or expert evidence, he must give notice at least 21 days before the hearing at which
he proposes to put in the evidence.
(8) Where a party has given notice that he intends to put in the evidence, he must give every
other party an opportunity to inspect it and to agree to its admission without further proof.
, Rule 39_3
39.3— Failure to attend the trial1
39.3
(1) The court may proceed with a trial in the absence of a party but—
(a) if no party attends the trial, it may strike out(GL) the whole of the proceedings;
(b) if the claimant does not attend, it may strike out his claim and any defence to
counterclaim; and
(c) if a defendant does not attend, it may strike out his defence or counterclaim (or both).
(2) Where the court strikes out proceedings, or any part of them, under this rule, it may
subsequently restore the proceedings, or that part.
(3) Where a party does not attend and the court gives judgment or makes an order against
him, the party who failed to attend may apply for the judgment or order to be set aside.(GL)
(4) An application under paragraph (2) or paragraph (3) must be supported by evidence.
(5) Where an application is made under paragraph (2) or (3) by a party who failed to attend
the trial, the court may grant the application only if the applicant—
(a) acted promptly when he found out that the court had exercised its power to strike out(GL)
or to enter judgment or make an order against him;
(b) had a good reason for not attending the trial; and
(c) has a reasonable prospect of success at the trial.
