Land Court Rules 2022
sec.17Statement of evidence of party or lay witness
Start here
Get a plain-English read of sec.17
Turn the raw legal text into a practical explanation grounded in Land Court Rules 2022.
sec.17 Statement of evidence of party or lay witness
This rule applies to a party to a proceeding who intends to do either or both or the following things— give evidence in the proceeding; call a lay witness to give evidence in the proceeding. However, this rule does not apply if a subpoena is issued requiring the party or lay witness to give evidence in the proceeding. Before the party gives evidence or calls the lay witness to give evidence, the party must file in the registry and serve on each other party a written statement (a statement of evidence ) containing— the name, address and occupation of the party or lay witness; and the evidence intended to be given by the party or lay witness. During the examination-in-chief of the party or lay witness, the party or lay witness must not, without the court’s leave— repeat, or expand on, matters contained in the party’s, or lay witness’s, statement of evidence; or introduce evidence not contained in the statement. In this rule— lay witness means a person, other than an expert, called by a party as a witness in a proceeding. (sec.17-ssec.1) This rule applies to a party to a proceeding who intends to do either or both or the following things— give evidence in the proceeding; call a lay witness to give evidence in the proceeding. (sec.17-ssec.2) However, this rule does not apply if a subpoena is issued requiring the party or lay witness to give evidence in the proceeding. (sec.17-ssec.3) Before the party gives evidence or calls the lay witness to give evidence, the party must file in the registry and serve on each other party a written statement (a statement of evidence ) containing— the name, address and occupation of the party or lay witness; and the evidence intended to be given by the party or lay witness. (sec.17-ssec.4) During the examination-in-chief of the party or lay witness, the party or lay witness must not, without the court’s leave— repeat, or expand on, matters contained in the party’s, or lay witness’s, statement of evidence; or introduce evidence not contained in the statement. (sec.17-ssec.5) In this rule— lay witness means a person, other than an expert, called by a party as a witness in a proceeding.
- (a) give evidence in the proceeding;
- (b) call a lay witness to give evidence in the proceeding.
- (a) the name, address and occupation of the party or lay witness; and
- (b) the evidence intended to be given by the party or lay witness.
- (a) repeat, or expand on, matters contained in the party’s, or lay witness’s, statement of evidence; or
- (b) introduce evidence not contained in the statement.