Part 32

 

Miscellaneous Rules about evidence

 

Contents of this Part

Use of plans, photographs and models as evidence Rule 32.1

Evidence of findings on question of foreign law Rule 32.2

Admissibility of court documents Rule 32.3

Evidence of consent of trustee to act Rule 32.4

 

Use of plans, photographs and models as evidence

32.1 (1) If a party wishes to rely on evidence at a trial which -

    1. is not to be given orally, and
    2. which is not contained in a witness statement

he must disclose his intention to the other parties in accordance with this rule

    1. If a party fails to disclose his intention to rely on the evidence as required by this rule, the evidence may not be given.
    2. Where a party intends to use the evidence as evidence of any fact then, except where paragraph (5) applies, he must disclose his intention not later than the latest date for serving witness statements.
    3. He must disclose the evidence at least 21 days before the hearing at which he proposes to put in the evidence, if -
    1. there are not to be witness statements; or
    2. he intends to put in the evidence solely in order to disprove an allegation made in a witness statement.
    1. Where the evidence forms part of expert evidence, he must disclose his intention when the expert's report is served on the other party.
    2. Where the evidence is being produced to the court for any reason other than as part of factual or expert evidence, he must disclose his intention at least 21 days before the hearing at which he proposes to put in the evidence.
    3. Where a party has disclosed his intention to put in the evidence he must give every other party an opportunity to inspect it and to agree to its admission without proof.

 

Evidence of findings on question of foreign law

32.2 (1) This rule sets out the procedure which must be

followed by a party who intends to put in evidence

a finding on a question of foreign law.

(2) He must first give any other party notice of his intention.

(3) He must give the notice -

    1. if there are to be witness statements, not later than the latest date for serving them; or
    2. otherwise, not less than 42 days before the hearing at which he proposes to put the finding in evidence.
    1. The notice must -
    1. specify the question on which the finding was made; and
    2. have attached a document where it is reported or recorded.

 

Admissibility of court documents

32.3 A document or official copy of a document on which there is

a court seal is admissible in evidence without further proof

that it was issued by the court.

 

Evidence of consent of trustee to act

32.4 A document purporting to contain the written consent of a

person to act as trustee and to bear his signature verified by

some other person [is] [shall be presumed to be] evidence of such consent.