31Manner of giving evidence at trial

31 Manner of giving evidence at trial

31.1 Manner of giving evidence at trial

(cf SCR Part 36, rule 2; DCR Part 28, rule 2; LCR Part 25, rule 9)

(1) This rule applies to a trial of proceedings commenced by statement of claim, or in which a statement of claim has been filed.

(2) Subject to subrules (3), (4) and (5) and to the provisions of the Evidence Act 1995, a witness’s evidence at a trial must be given orally before the court.

(3) The court may order that all or any of a witness’s evidence at a trial must be given by affidavit or, subject to rule 31.4, by witness statement.

(4) Unless the court orders otherwise, evidence of facts must be given by affidavit if the only matters in question are—

(a) interest up to judgment in respect of a debt or liquidated claim, or

(b) the assessment of damages or the value of goods under Part 30, or

(c) costs.

(5) Unless the court otherwise orders, at any trial on an assessment of the amount to be recovered by a plaintiff after default judgment has been given, the following evidence may be given by affidavit—

(a) evidence of the identity of any motor vehicle,

(b) evidence of the damage sustained by a motor vehicle in a particular collision,

(c) evidence of the reasonable cost of repairing that damage.

rule 31.1: Am 2005 (395), Sch 1 [32] [33].