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6704223018 Back to top STATEMENTS OF CASE 26.1 A statement of case may be used as evidence in an interim application provided it is verified by a statement of truth18. 11.3 The first page of each exhibit should be marked: (1) as in paragraph 3.2 above, and (2) with the exhibit mark referred to in the affidavit. Back to top Notice to admit facts 32.18 (1) A party may serve notice on another party requiring him to admit the facts, or the part of the case of the serving party, specified in the notice. A direction from the court for the making of such a back-up recording must, however, be obtained first. Back to top Requirement to serve witness statements for use at trial 32.4 (1) A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally. Back to top Format of witness statement 19.1 A witness statement should: (1) be produced on durable quality A4 paper with a 3.5cm margin, (2) be fully legible and should normally be typed on one side of the paper only, (3) where possible, be bound securely in a manner which would not hamper filing, or otherwise each page should be endorsed with the case number and should bear the initials of the witness, (4) have the pages numbered consecutively as a separate statement (or as one of several statements contained in a file), (5) be divided into numbered paragraphs, (6) have all numbers, including dates, expressed in figures, and (7) give the reference to any document or documents mentioned either in the margin or in bold text in the body of the statement. Back to text See, e.g., s.3(5)(a) of the Protection from Harassment Act 1997. 12.2 When a bundle of correspondence is exhibited, the exhibit should have a front page attached stating that the bundle consists of original letters and copies. Back to top Evidence in proceedings other than at trial 32.6 (1) Subject to paragraph (2), the general rule is that evidence at hearings other than the trial is to be by witness statement unless the court, a practice direction or any other enactment requires otherwise.
18.4 Where a witness refers to an exhibit or exhibits, he should state I refer to the (description of exhibit) marked. 20.3 Attention is drawn to rule 32.14 which sets out the consequences of verifying a witness statement containing a false statement without an honest belief in its truth. Back to top Heading 3.1 The affidavit should be headed with the title of the proceedings (see paragraph 4 of Practice Direction 7A and paragraph 7 of Practice Direction 20); where the proceedings are between several parties with the same status it is sufficient to identify the parties as follows: Number: A.B. The quality of the picture is enhanced if those appearing on VCF monitors keep their movements to a minimum. 2. (and others) Defendants/Respondents (as appropriate) Back to top 17.2 At the top right hand corner of the first page there should be clearly written: (1) the party on whose behalf it is made, (2) the initials and surname of the witness, (3) the number of the statement in relation to that witness, (4) the identifying initials and number of each exhibit referred to, and (5) the date the statement was made. The convenience of the witness, the parties, their representatives and the court must all be taken into account. 15.3 Where affidavits and exhibits have become numerous, they should be put into separate bundles and the pages numbered consecutively throughout.