- tocCivil Procedure Rules
|Contents of this Part|
|Use of plans, photographs, etc. as evidence||Rule 31.1|
|Evidence on questions of foreign law||Rule 31.2|
|Evidence of consent of trustee to act||Rule 31.3|
- A party who intends to rely at a trial on evidence which is not –
- to be given orally; and
- contained in a witness statement, affidavit or expert report; must disclose that intention to the other parties in accordance with this rule.
- If a party fails to disclose the intention to rely on the evidence as required by this rule, the evidence may not be given.
- Subject to paragraphs (4) and (5) a party who intends to use the evidence referred to in paragraph (1) to prove any fact must disclose such intention not later than the latest date for serving witness statements.
- If –
- there is no order for service of witness statements; or
- a party intends to put in the evidence referred to in paragraph (1) solely in order to disprove an allegation made in a witness statement; that party must disclose the evidence at least 21 days before the hearing at which it is proposed to put in the evidence.
- If the evidence referred to in paragraph (1) forms part of expert evidence, the intention to put in the evidence must be disclosed when the expert’s report is served on the other party.
- If a party has disclosed the intention to put in the evidence referred to in paragraph (1), that party must give every other party an opportunity to inspect the evidence and to agree to its admission without proof.
- This rule sets out the procedure which must be followed by a party who intends to adduce evidence on a question of foreign law.
- A party who intends to adduce evidence on a question of foreign law must first give every other party notice of that intention.
- Notice under paragraph (2) must be given not less than 42 days before the hearing at which the party proposes to adduce the evidence.
- The notice must –
- have attached a document which forms the basis of the evidence; and
- specify the question on which the evidence is to be adduced.
- A document purporting to contain the written consent of a person to act as trustee and to bear that person’s signature verified by some other person is evidence of such consent.