17. Witness Statements and Documentary Evidence

2021 ◽  
pp. 332-350
Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.

2020 ◽  
pp. 332-350
Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.


2019 ◽  
pp. 334-352
Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.


Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative must therefore understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, as well as the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.


Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.


2016 ◽  
Vol 13 (3) ◽  
pp. 165
Author(s):  
Mariusz Stanik

DOCUMENTARY EVIDENCE CERTIFIED AS TRUE BY A PROFESSIONAL PROXY IN PROCEEDINGS FOR AN ENTRY IN THE NATIONAL COURT REGISTER Summary The article concerns the acceptable form of documentary evidence in proceedings for an entry in the Polish National Court Register, in particular whether as of 1 January 2010 it is permissible to attach documents certified as true copies by the proxy appearing in the case, that is an attorney, legal representative, or attorney of the Polish State Treasury Office, to applications for entry in the Register. The analysis of this issue examines the provisions of Art. 129 § 3 and Art. 6944 § 1 of the Polish Civil Procedure Code, including an analysis of the relation between these provisions. In conclusion the author observes that despite the fact that there is a lex generalis ‒ lex specialis relations between Art. 129 § 3 and Art. 6944 § 1 of the Code, the principle of lex specialis derogat legi generali does not apply. Consequently, in the proceedings for entry in the Register there are no legal obstacles for the submission of documents on the basis of which entries are to be made in the Register, in the form of copies or transcripts certified as a true copy by the acting proxy (attorney, legal representative, or attorney of the State Treasury Office) of the party to such proceedings.


2021 ◽  
Vol 2 (01) ◽  
pp. 24-36
Author(s):  
Lesson Sihotang ◽  
Gelora Butar-butar

The problem of narcotics at this time has penetrated all elements of the nation, from children to adults, from the lower classes to officials, even law enforcers are not sterile from narcotics abuse. Its abuse is very dangerous to the future of the younger generation and threatens the existence of national security in a nation, so that it requires rules in the form of laws that regulate so as to reduce the number of abuse and distribution of narcotics. especially in Indonesia. The problem in this writing leads to the basis for the judge's consideration in imposing capital punishment on intermediary actors of narcotics sale and purchase group 1 (one) not plants in Decision Number: 1991 / Pid.Sus / 2019 / PN Mdn. Based on the results of the research and discussion carried out by the author in Decision Number: 1991 / Pid.Sus / 2019 / PN Mdn, the basis for the judge's consideration of imposing capital punishment on the intermediary narcotics buying and selling group I non-plant narcotics is based on judges' considerations juridically and non-juridically.considerations, Judicial namely valid evidence in the form of indictment, witness statements, evidence, documentary evidence, statement of the defendant revealed in court. The basis forconsiderations non-juridical consists of background actions, personal conditions, socio-economic conditions.


Author(s):  
Adrian Keane ◽  
Paul McKeown

This chapter discusses the following: (i) the competence and compellability of witnesses (including the special rules that apply in the case of the accused, the spouse or civil partner of an accused, persons with a disorder or disability of the mind, the Sovereign, diplomats, and bankers); (ii) oaths and affirmations; (iii) the use of live links; (iv) the time at which evidence should be adduced; (v) witnesses in civil cases (including the witnesses to be called and the use of witness statements); (vi) witnesses in criminal cases (including the witnesses to be called, the order of witnesses, evidence-in-chief by video-recording and special measures directions for vulnerable and intimidated witnesses); (vii) witness anonymity; and (viii) witness training and familiarization.


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