3/7/2024 0 Comments Witness statements![]() They should be arranged in chronological order with the earliest at the top, and firmly secured. Letters 12.1 Copies of individual letters should be collected together and exhibited in a bundle or bundles. 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. 11.2 The declaration should be headed with the name of the proceedings in the same way as the affidavit. Manner of exhibiting documents 11.1 A document used in conjunction with an affidavit should be: (1) produced to and verified by the deponent, and remain separate from the affidavit, and (2) identified by a declaration of the person before whom the affidavit was sworn. The rules relating to exhibits to witness statements are the same as those relating to exhibits to witness statements. (6) Where a witness makes more than one witness statement to which there are exhibits in the same proceedings, the numbering of the exhibits should run consecutively through and not start again with each witness statement (18.6) EXHIBITS (4) An exhibit used in conjunction with a witness statement should be verified and identified by the witness and remain separate from the witness statement (18.3) (5) Where a witness refers to an exhibit or exhibits he should state “I refer to the (description of exhibit) marked…” (17.4). (3) When exhibits (or any documents) are mentioned in the witness statement the reference to these documents must be put in the margin or in bold text in the body of the witness statement (6.1(7). 4.3 Where a deponent: (1) refers to an exhibit or exhibits, he should state‘there is now shown to me marked ‘…’ the ( description of exhibit)’, and (2) makes more than one affidavit (to which there are exhibits) in the same proceedings, the numbering of the exhibits should run consecutively throughout and not start again with each affidavit. The top right hand corner of the witness statement must give the identifying initials and number of each exhibit referred to (3.2.(4). The rules for exhibits are identical for affidavits and witness statements (I will refer to witness statements throughout). The rules governing exhibits are in Practice Direction 32. Here we look at the rules relating to exhibits and useful guidance in relation to the use of exhibits at trial. It is surprising how common it is for the exhibit, and the witness statement, to fail to comply with the rules. The “exhibiting” of documents to witness statements and affidavits is common.
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