SYLLABUS 19 CIVIL TRIAL AND EVIDENCE
BOP/SOP
Trial
Hearsay
Convictions as evidence
Hearsay
CPR: Part 32
32.1— Power of court to control evidence:
The court may control the evidence by giving directions as to- the issues on which it
requires evidence, 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. The court may exclude
evidence that would otherwise be admissible. The court may limit CE.
32.2— Evidence of witnesses:
The general rule is that any fact which needs to be proved by the evidence of witnesses is
to be proved at trial, by their oral evidence given in public; and at any other hearing, by
their evidence in writing. This is subject to any provision to the contrary contained in these
rules or elsewhere or to any court order. The court may give directions- identifying or
limiting the issues to which factual evidence may be directed, identifying the witnesses
who may be called or whose evidence may be read; or limiting the length or format of
witness statements.
32.3 The court may allow a witness to give evidence through a video link or other means.
32.5 Use at trial of witness statements which have been served. If a party has served a
WS; and 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. Where a witness is called to give oral evidence, his
WS shall stand as his evidence in chief unless the court orders otherwise.
(3) A witness giving oral evidence at trial may with the permission of the court amplify his
WS; and give evidence in relation to new matters which have arisen since the WS was
served on the other parties. The court will give permission under para (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.
If a party who has served a WS does not call the witness to give evidence at trial; or put the
WS in as hearsay evidence, any other party may put the WS in as hearsay evidence.
Commentary
32.5.1 “witness statement … as … evidence in chief” (r.32.5(2))
This builds on r.32.1(c) (court’s power to give directions as to way in which evidence is to be
placed before the court) b/c P’s are required to serve their WS on other P’s in advance of
trial, to promote settlement and avoiding surprise. The WS should normally stand as
, SYLLABUS 19 CIVIL TRIAL AND EVIDENCE
evidence-in-chief to reduce trial time. The Court retains discretion - may order the witness’s
evidence/part of it should be given oral rather than written. BUT the savings in time can be
wasted b/c court time can be consumed by submissions as part of WS or CE on irrelevant
issues. Where a court exercises its power to strike out of a WS on the ground that it is
irrelevant or for some other reason, in effect the court is limiting evidence in-chief.
32.5.2 Amplification of evidence (r.32.5(3) and (4))
Amplification circumstances- where events occur, or matters are discovered, after their
statements were served, or where responses to matters dealt with in witness statements of
witnesses of other parties are required. Where a witness is allowed to amplify, prejudice to
the opponent should not be regarded routinely as remediable by an order for costs. A late,
unjustified change of tack may be an injustice to the opponent that in the light of OO should
not be permitted. A supplemental WS should normally be served where the W proposes
materially to add to, alter, correct or retract from what is in their original WS. Permission
will be required for the service of a supplemental WS.
32.5.3 Witness not called
r32.5(5) - the “other party” is not entitled to put the WS in evidence; the court retains a
discretion. The rule does not allow a party to put in merely some of the WS. Where C has
served on D a WS made by another person (X), but does not call X or put in his WS as
hearsay evidence, and (as r.32.5(5) permits) B puts it in as hearsay evidence, C may then
apply for the court’s permission to have X called as a witness for CE on the statement
provided to them. Here, r.33.4 is triggered and C does not fall foul of the rule that prevents
a party from CE his own witness.
32.5.3.1 Use of Witness Statements where party failing to attend trial
Where the court proceeds with a trial in the absence of a party who has filed WS, those
statements are not hearsay evidence put in by him and relied on at trial.
BOP/SOP
Trial
Hearsay
Convictions as evidence
Hearsay
CPR: Part 32
32.1— Power of court to control evidence:
The court may control the evidence by giving directions as to- the issues on which it
requires evidence, 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. The court may exclude
evidence that would otherwise be admissible. The court may limit CE.
32.2— Evidence of witnesses:
The general rule is that any fact which needs to be proved by the evidence of witnesses is
to be proved at trial, by their oral evidence given in public; and at any other hearing, by
their evidence in writing. This is subject to any provision to the contrary contained in these
rules or elsewhere or to any court order. The court may give directions- identifying or
limiting the issues to which factual evidence may be directed, identifying the witnesses
who may be called or whose evidence may be read; or limiting the length or format of
witness statements.
32.3 The court may allow a witness to give evidence through a video link or other means.
32.5 Use at trial of witness statements which have been served. If a party has served a
WS; and 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. Where a witness is called to give oral evidence, his
WS shall stand as his evidence in chief unless the court orders otherwise.
(3) A witness giving oral evidence at trial may with the permission of the court amplify his
WS; and give evidence in relation to new matters which have arisen since the WS was
served on the other parties. The court will give permission under para (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.
If a party who has served a WS does not call the witness to give evidence at trial; or put the
WS in as hearsay evidence, any other party may put the WS in as hearsay evidence.
Commentary
32.5.1 “witness statement … as … evidence in chief” (r.32.5(2))
This builds on r.32.1(c) (court’s power to give directions as to way in which evidence is to be
placed before the court) b/c P’s are required to serve their WS on other P’s in advance of
trial, to promote settlement and avoiding surprise. The WS should normally stand as
, SYLLABUS 19 CIVIL TRIAL AND EVIDENCE
evidence-in-chief to reduce trial time. The Court retains discretion - may order the witness’s
evidence/part of it should be given oral rather than written. BUT the savings in time can be
wasted b/c court time can be consumed by submissions as part of WS or CE on irrelevant
issues. Where a court exercises its power to strike out of a WS on the ground that it is
irrelevant or for some other reason, in effect the court is limiting evidence in-chief.
32.5.2 Amplification of evidence (r.32.5(3) and (4))
Amplification circumstances- where events occur, or matters are discovered, after their
statements were served, or where responses to matters dealt with in witness statements of
witnesses of other parties are required. Where a witness is allowed to amplify, prejudice to
the opponent should not be regarded routinely as remediable by an order for costs. A late,
unjustified change of tack may be an injustice to the opponent that in the light of OO should
not be permitted. A supplemental WS should normally be served where the W proposes
materially to add to, alter, correct or retract from what is in their original WS. Permission
will be required for the service of a supplemental WS.
32.5.3 Witness not called
r32.5(5) - the “other party” is not entitled to put the WS in evidence; the court retains a
discretion. The rule does not allow a party to put in merely some of the WS. Where C has
served on D a WS made by another person (X), but does not call X or put in his WS as
hearsay evidence, and (as r.32.5(5) permits) B puts it in as hearsay evidence, C may then
apply for the court’s permission to have X called as a witness for CE on the statement
provided to them. Here, r.33.4 is triggered and C does not fall foul of the rule that prevents
a party from CE his own witness.
32.5.3.1 Use of Witness Statements where party failing to attend trial
Where the court proceeds with a trial in the absence of a party who has filed WS, those
statements are not hearsay evidence put in by him and relied on at trial.
