Do I Need to Show Evidence or Just Include Extracts in My Application?

Question from Janet, Do I Need to Show Evidence or Just Include Extracts in My Application?

Answer from AI:

When applying to adduce additional evidence in a UK legal proceeding, it’s important to understand the requirements for presenting evidence. The Civil Procedure Rules (CPR), specifically Part 32, govern how evidence is submitted. Here’s a structured approach to addressing your question:

Key Considerations:

1. Definition and Purpose:

   • Adducing Evidence: This is the process of presenting evidence in court. When applying to adduce additional evidence, you are asking the court to consider evidence beyond what has already been submitted.
   • Exhibits: These are documents attached to a witness statement or affidavit, each labeled as Exhibit A, B, etc., to organize evidence for the court.

2. Civil Procedure Rules (CPR):

   • CPR Part 32: Deals with evidence, with CPR 32.4 emphasizing that any document referred to in a witness statement must be exhibited.
   • Extracts vs. Full Documents: Including extracts (portions of a document) may be acceptable, but you might need court permission, especially if the document is lengthy.

3. Practice Directions:

   • Under CPR Part 32, practice directions provide detailed guidance. They likely mention that each exhibit should be paginated and properly labeled.

4. Court Permission:

   • If a document is too long, you might seek the court’s permission to include only relevant extracts. This ensures compliance while focusing on essential information.

5. Practical Implications:

   • Exhibiting full documents provides the court with complete evidence, avoiding potential arguments from the opposing side about missing information.

6. Case Law:

   • Courts generally prefer complete documents to ensure all relevant information is considered. Including only extracts might not provide the full context.

Recommendations:

• Exhibit Full Documents: It’s safer to exhibit the entire document to comply with CPR and provide the court with comprehensive evidence.
• Highlight Relevant Sections: If the document is long, attach the full version and reference the key parts in your statement.
• Seek Legal Advice: Consult a legal professional to ensure you follow the correct procedure and understand any exceptions or specific requirements.

Conclusion:

Exhibiting evidence in full is typically necessary. However, with court permission, relevant extracts might be acceptable. Always follow CPR guidelines and seek legal advice to navigate the process effectively.

For further information, you can refer to the Civil Procedure Rules on the Ministry of Justice website.