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Errors in a witness statement in support of an interim application and corrections to comply with the CPR Identify errors in a witness statement in support of an interim application and explain the corrections required to ensure that the witness statement is as persuasive as possible and that it complies with the CPR.?General??Only relevant evidence is admissible (O'Brien v CC South Wales Police) This is not a statement of case The court can control which evidence is admissible, on which issues, how it is presented before the court and to what extent it may be cross-examined r.32.1 Witnesses can give evidence by any means (such as video link) - r.32.1 PROFESSIONAL CONDUCT: where you object to the contents of a Witness Statement served, first notify them and attempt to have it removed. If this is not effective, raise the point at pre-trial review. Additional evidence can be added by way of a supplemental Witness Statement where the other party agrees (failing that, apply for permission at pre-trial review or start of trial itself). A witness statement is a written statement signed by a person which contains the evidence the witness would be allowed to give orally if called to do so (r.32.4(1)) R. 32.4(2) 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
? A written statement of witness' account of the relevant event
? Witness statement speeds up giving evidence and prevents trial by ambush
? Witness statements reflect the overriding objective
Note: it is not possible to rely on documentary evidence at trial unless there is a witness who can speak to relevant documents N.B: If object to content in opponent's witness statement then best practice is to notify the opponent of your objection and seek to resolve the dispute. NB(2) It is possible to serve a supplemental witness statement if there are matters that were discovered or occurred after exchange.?
Structure Rules of Format
Additional information can be added by way of a supplemental statement If you object to a statement's contents, first notify the other side and if ineffective, raise the point at pre-trial review
PD 32, para
17.1 Rules of Format The witness statement should be headed with the title of the proceedings headed with title of proceedings and the top right corner should state:
18.1 Own words
(1) The party on whose behalf it is made (either C or D) (2) Initials and surname of witness (e.g. O F Lock) (3) The number of the statement in relation to that witness (4) The initials and number of each exhibit referred to (5) The date of the statement was made it should be made in witnesses own words as far as practical:
(1) The full name of the witness (2) Place of residence or place of work (if in professional capacity)
(3) His occupation or - if unemployed - his description (4) If he is, state he is a party to the proceedings (or an
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