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Brings you fully up to date with all changes brought in by the Civil Procedure Rules and the Criminal Procedure RulesConsiders a broad range of case law, including that of the CommonwealthProvides answers for civil and criminal practitioners who have an evidence-related questionExplores in detail the differences in gathering and admitting evidence in criminal and civil proceedingsConsiders the burden and standard of proofExamines evidence taken or served prior to a trialConsiders the examination of witnessesLooks at good and bad characterIncludes analysis of privilege and facts excluded by public policyExamines hearsay in civil and criminal proceedingsAnalyses the use and admission of opinion and expert evidenceLooks at the exclusion and inclusion of extrinsic evidenceExamines the judicial discretion to admit or exclude evidenceCONTENTS
IntroductionDefining the issuesJudicial noticeAdmissionsEstoppelsBurden and standard of proofRelevance admissibility and weight; previous and subsequent existence of facts; the best evidence ruleAttendance of witnesses: witness summonses and letters of requestCompetence and compellability, oath and affirmationEvidence taken or served before trial; duty to discloseRules of evidence relating to the course of a trial: generalRules of evidence relating to the course of a trial: Examination of witnessesEvidence taken after trialCorroboration and supporting evidenceIdentificationPhysical conditions, states of mind and emotionsCharacter: general and introductoryGood characterBad character of the accused (prosecution aspects)Bad character of the accused (defence aspects)Bad character of the co-accusedBad character of persons other than the accusedPrivilege: legal professional privilegePrivilege: other forms of privilegeFacts excluded by public policyLoss and abuse of privilegeThe implied undertakingThe rule against hearsayHearsay in civil proceedingsHearsay in criminal proceedingsRes gestae and certain other exceptions to the hearsay rule in criminal proceedingsCommon law exceptions to the rule against hearsay: evidence of reputation or family tradition; published works; public information; bankers’ books; ancient documentsOpinion and expert evidenceRestrictions on the right to silence: introductionConfessionsStatements in the presence, and documents in the possession, of a partyAgency, partnership, companies common purpose, acting in a capacityJudicial discretion to admit or exclude evidenceProbates, verdicts, awards, inquisitions, pleadings, writs and depositions in former trialsAuthorship and execution; attestation; ancient documents; connected and incorporated documents; alterations and blanks; registration stamps, etc of documents generally: primary and secondary evidence, contents of particular documents; public, judicial and privateExclusion of extrinsic evidence in substitution of, to contradict, vary, or add to documentsAdmission of extrinsic evidence in aid of interpretation and to rebut presumptionsJudgmentsAppendixAVAILABLE ONLINECLEAR.CLEVER. CONCISEHaving online access to the books you trust through Westlaw UK can add a whole new dimension to how you work with the commentary and guidance found in across the breadth of our titles.Westlaw UKs smart navigation, links to primary law and powerful functionality in combination with the expertise within our portfolio of books gives you a seamless, coherent, and integrated research experience every time you need to refer to the text.Having access to your book through Westlaw means:Enhanced contents pages
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