Evidence

Competence and Compellability Generally, any person is competent to give evidence provided he has the ability to give an intelligible account of the matters concerned.  Historically, the test of competence was whether the witness was in a position to understand the nature and consequences of the oath.… Read the rest

General Statutory declarations are used for the proof of facts in non-contentious (non-litigation) matters.  Statutes commonly require matters to be proved by way of statutory declaration. Legal practice, particularly in conveyancing and commercial transactions and matters, often requires proof of relevant facts and matters by way of a statutory declaration.… Read the rest

Effect of Privilege The effect of privilege is that a person may decline to answer certain questions as a witness or produce documents in discovery, even if they are relevant or would be otherwise admissible.  Most examples of privilege operate absolutely.… Read the rest

Opinion Evidence & Experts Generally, witnesses are not entitled to give evidence in relation to matters which are not within their direct knowledge.  They are not entitled to give opinions on facts or draw inferences from them. … Read the rest

Judicial Notice Certain facts may be proved without bringing forward verbal evidence. Judges take so-called “judicial notice” of certain facts which are so notorious or established that they do not require proof. In the case of judicial notice, the judge may decide the matter with reference to his own knowledge or with reference to sources which are incontrovertible and reliable.… Read the rest

Oral Trial the Norm The rules of court provide that in the absence of an agreement to the contrary, the general rule is that witnesses in court proceedings, are to give evidence court orally. The courts place a high value on the trial with verbal testimony and cross-examination, which gives the court (or jury) the opportunity to view the demeanour of the witness and assess their credibility.… Read the rest

Legal Professional Privileges Legal professional privilege is designed to protect frank communications between lawyers and their clients.  Without privilege, a lawyer could not be properly instructed as the client would not be in a position to communicate with him, freely. … Read the rest

Admissions I A major exception to the hearsay rule is that a statement made against the maker ’s interest is admissible, even if it is hearsay. The reason is that it is presumed that a  person will not have a motive to  make a false statement against his own personal or financial interests In civil cases, an admission may be made formally in the pleading themselves. … Read the rest

Hearsay Evidence Rule The most famous rule of evidence is that prohibiting hearsay. Hearsay is a statement made otherwise than in court, which is offered as evidence of the truth of its contents.  In the narrow and commonly understood sense, a witness may not generally relay that which another person said on another occasion as evidence of the truth of what that person said. … Read the rest

Evidence Evidence is that which tends to prove or disprove the facts in dispute.  Evidence must be relevant to the questions in issue. It must be relevant as a matter of fact and common sense and must not be inadmissible at law.… Read the rest