Rule 96 Evidence of witnesses – general rule

(1)

The general rule is that any fact which needs to be proved by evidence of a witness is to be proved—

(a)

where there is a final hearing, by their oral evidence; or

(b)

at any other hearing, or if there is no hearing, by their evidence in writing.

(2)

Where a witness is called to give oral evidence under paragraph (1)(a), his witness statement shall stand as his evidence in chief unless the court directs otherwise.

(3)

A witness giving oral evidence at the final hearing may, if the court permits—

(a)

amplify his witness statement; and

(b)

give evidence in relation to new matters which have arisen since the witness statement was made.

(4)

The court may so permit only if it considers that there is good reason not to confine the evidence of the witness to the contents of his witness statement.

(5)

This rule is subject to—

(a)

any provision to the contrary in these Rules or elsewhere; or

(b)

any order or direction of the court.