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cpr rules on evidence

cpr rules on evidence

Postby preacherman » Sat Mar 17, 2018 7:49 pm

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

does this mean that at trial, a written witness statement is not sufficient?
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Re: cpr rules on evidence

Postby shootist » Sat Mar 17, 2018 8:08 pm

No.
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Re: cpr rules on evidence

Postby atticus » Sun Mar 18, 2018 12:08 am

Sorry, shooter, but the correct answer is in fact Yes.
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Re: cpr rules on evidence

Postby Jinxer » Sun Mar 18, 2018 12:52 am

I've seen just a statement used at trial when both sides agreed it as a fact of truth or summat or other like that.
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Re: cpr rules on evidence

Postby preacherman » Sun Mar 18, 2018 7:59 am

atticus wrote:Sorry, shooter, but the correct answer is in fact Yes.



what facts need to be proved by witnesses though.
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Re: cpr rules on evidence

Postby shootist » Sun Mar 18, 2018 8:07 am

atticus wrote:Sorry, shooter, but the correct answer is in fact Yes.


I understood that all evidence had to be proved at a trial, but where evidence was undisputed then a Section 9 statement could be read out by someone other than the person making the statement, or even just noted as accepted. I seem to recall seeing it done.
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Re: cpr rules on evidence

Postby atticus » Sun Mar 18, 2018 8:50 am

jinxy and shooter, let us assume that the OP is talking about evidence that is not agreed. He refers to a rule about facts that need to be proved.

If the OP needs to prove a fact, that rule applies.

If his witness is very ill, overseas, dead or has some other very good reason for not being able to attend trial, a Civil Evidence Act Notice may be served. Are you talikng about section 9 of that Act?
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Re: cpr rules on evidence

Postby atticus » Sun Mar 18, 2018 8:56 am

preacherman wrote:what facts need to be proved by witnesses though
The facts that the party needs to prove.
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Re: cpr rules on evidence

Postby preacherman » Sun Mar 18, 2018 11:47 am

atticus wrote:
preacherman wrote:what facts need to be proved by witnesses though
The facts that the party needs to prove.


well what I am thinking about is a witness statement that was used (at trial) to prove some facts but the witness was not present to be questioned about his statement, he was a third party not part of the proceedings. the Judge said she thought he intended it to be accepted as a statement of truth and his statement swayed things.

considering points for permission to appeal
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Re: cpr rules on evidence

Postby Jinxer » Sun Mar 18, 2018 12:26 pm

Atticus is the one who can answer this properly, but I would of thought both sides would have to agree that a statement of truth could be used without the ability to question it.
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