SGS 15 - Civil Trial and Evidence

How is trial and evidence dealt with in a fast track case?

(1): the trial will normally take place at the court where the case is being managed, but it may be at another court if appropriate having regard to the needs of the parties and the availability of court resources.
(2): the (trial) judge will generally have read the papers in the trial bundle and may dispense with an opening address.
(3): the (trial) judge may confirm or vary any timetable given previously, or if none has been given set his own.
(4): attention is drawn to: r32.1: court's power to control evidence & restrict XX r32.5(2): witness statements to stand as evidence in chief.
(5) at conclusion of trial: the judge will normally summarily assess the costs (in fast-track) of the claim in accordance with r44.6 and section VI Pt 45 (fast track trial costs). Attention is drawn to the steps the PDs about costs require the parties to take.
(6) where a trial is not finished on the day for which it is listed the judge will normally sit on the next court day to complete it.

How is case management dealt with in the multitrack?

(1) When it allocates a case to the multi-track, court will: (a) (no hearing): give directions for the management of the case and set a timetable for the steps to be taken between the giving of directions and the trial (without a hearing); OR (b) fix a hearing: (i) a case management conference; or (ii) a pre-trial review or both, and give other such directions relating to the management of the case as it sees fit.
(2) Court will fix either the (i) trial date or (ii) 'trial period' (period in which the trial is to take place) as soon as practicable.
(3) when the court fixes the trial date or trial period under para (2), it will: (a) give notice to the parties of the date or period; and (b) specify the date by which the parties must file a pre-trial check list (see below).

When should the trial timetable be set and listed? What else will the court do at this time?

As soon as practicable after: (a) each party has filed a completed pre-trial check list; (b) the court has held a listing hearing under 29.6(4); OR (c) the court has held a pre-trial review under 29.7
à the court will:
(i) set a timetable for the trial unless (a) a timetable has already been fixed or (b) court considers it would be inappropriate to do so
Court will also:
(ii) confirm the date for trial or the week within which the trial is to begin; and
(iii) notify the parties of the trial timetable (where one is fixed) and the date or trial period.

What directions MUST the court give on listing of a multi-track claim?

DIRECTIONS THE COURT MUST GIVE: Set a timetable (unless already fixed or court considers it inappropriate). fix the trial date or week; give a time estimate; fix the place of trial

What are the other possible directions in a multi-track claim?

OTHER DIRECTIONS
The parties should seek to agree directions and may file an agreed order à court may then make an order in those terms OR may make a different order.
Agreed directions should include provision about: (a) evidence especially expert evidence (b) a trial timetable and time estimate (c) the preparation of a trial bundle; and (d) any other matter needed to prepare for trial.
The court will include such of these provisions as are appropriate in any order it may make (whether or not the parties have filed agreed directions).

What will a direction giving permission to use expert evidence say?

Unless a direction doing so has been given before, a direction giving permission to use expert evidence will say: whether it gives permission to use oral evidence or written reports or both; and will name the experts concerned.

What will be the normal procedure for a trial?

The trial will normally take place at a Civil Trial Centre, but may be at another court if appropriate re needs of parties and court resources.
The judge will generally have read the papers in the trial bundle and may dispense with an opening address
Judge may confirm or vary any timetable given previously, of set his own if none has been given.
Note r32.1, court's power to control evidence and restrict cross-examination.
Note r32.5(1), statements and reports to stand as evidence in chief.
In appropriate cases, judge may summarily assess costs under r44.6.
Once the trial of a multi-track claim has begun, the judge will normally sit on consecutive days until the trial is concluded.

what is the power of the court to control evidence?

32.1, Power of court to control evidence
(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; (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

What is the general rule for evidence of witnesses and what directions can the court give in relation to this?

(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 à by their oral evidence given in public; AND (b) at any other hearing --> by their evidence in writing.
(2) that is subject to: (a) any provision to the contrary 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.

What are the rules for evidence given by video link or other means?

The court may allow a witness to give evidence through a video link or by other means.

What is the requirement to serve witness statements for use at trial?

32.4, Requirement to serve witness statements for use at trial
(1) A "witness statement" is à 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: (a) the order in which witness statements are to be served; and (b) whether or not the witness statements are to be filed.

What must a party do in order to rely on a witness statement that has been served at trial?

32.5, Use at trial of witness statements which have been served
(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 à 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).

What is the status of a witness statement where a witness is called to give oral evidence?

(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.

What may a witness giving oral evidence do with permission of the court?

(3) a witness giving oral evidence at trial may, with 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 (3) ONLY IF it considers there is 'good reason' not to confine the evidence of the witness to the contents of his witness statement.

What can the other party do if one party has served a witness statement and has not called witness or admitted it in hearsay?

any OTHER PARTY may put the witness statement in as hearsay evidence.
[so if you've served a witness statement, and decide not to use it; other side can use it]

When DON'T the rules in CPR 33.6 for the use of plans photos and models as evidence apply?

1) this rule applies to evidence (such as a plan/photograph/model) which is NOT [[i.e. DON'T need 33.6 notice IF]]: (a) contained in a witness statement/affidavit/expert's report; (b) to be given orally at trial; or (c) evidence of which prior notice must be given under r33.2 [hearsay evidence].

What does the rule in CPR 33.6 for the use of plans photos and models as evidence apply to?

this rule includes docs which may be received in evidence without further proof under s9 Civil Evidence Act 1995.

What must a party do to ensure that plans photos and models which stand as evidence can be receivable in trial? How does this differ if this is used as evidence of fact as compared to expert evidence?

(3) Unless court orders otherwise, the evidence shall not be receivable at 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 à he must give notice not later than the last date for serving witness statements, UNLESS para (6) applies [[forms part of expert evidence]].
(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 [and thus there is no 'last date for serving 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 à he must give notice WHEN the expert's report is served on the other party.
(8) where a party has given notice that he intends to put it in the evidence à he must give every other party an opportunity to inspect it and agree to its admission without further proof.

What must a party do if he wants to use plans, photos and models for any reason OTHER THAN as part of (a) factual or (b) 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 it in the evidence à he must give every other party an opportunity to inspect it and agree to its admission without further proof.

When can a company/corporation be represented at trial by an employe?

A company or other corporation may be represented at trial by an EMPLOYEE, IF: (a) the employee has been authorised by the company/corporation to appear at trial on its behalf; AND (b) the court gives permission.