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The Civil Procedure Rules 1998

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Use at trial of witness statements which have been served

32.5  (1)  If—

(a)a party has served a witness statement; and

(b)he wishes to rely at trial on the evidence of the witness who made the statement,

he must call the witness to give oral evidence unless the court orders otherwise or he puts the statement in as hearsay evidence.

(Part 33 contains provisions about hearsay evidence)

(2) Where a witness is called to give oral evidence under paragraph (1), his witness statement shall stand as his evidence in chief (GL) unless the court orders otherwise.

(3) A witness giving oral evidence at trial may with the permission of the court—

(a)amplify his witness statement; and

(b)give evidence in relation to new matters which have arisen since the witness statement was served on the other parties.

(4) The court will give permission under paragraph (3) only if it considers that there is good reason not to confine the evidence of the witness to the contents of his witness statement.

(5) If a party who has served a witness statement does not—

(a)call the witness to give evidence at trial; or

(b)put the witness statement in as hearsay evidence,

any other party may put the witness statement in as hearsay evidence.

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