Phipson on Evidence

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Phipson on Evidence:

Brings you fully up to date with all changes brought in by the Civil Procedure Rules and the Criminal Procedure Rules

Considers a broad range of case law, including that of the Commonwealth

Provides answers for civil and criminal practitioners who have an evidence-related question

Explores in detail the differences in gathering and admitting evidence in criminal and civil proceedings

Considers the burden and standard of proof

Examines evidence taken or served prior to a trial

Considers the examination of witnesses

Looks at good and bad characterIncludes analysis of privilege and facts excluded by public policy

Examines hearsay in civil and criminal proceedings

Analyses the use and admission of opinion and expert evidence

Looks at the exclusion and inclusion of extrinsic evidence

Examines the judicial discretion to admit or exclude evidence

CONTENTS

IntroductionDefining the issues

Judicial notice

Admissions

Estoppels

Burden and standard of proof

Relevance admissibility and weight; previous and subsequent existence of facts; the best evidence rule

Attendance of witnesses: witness summonses and letters of request

Competence and compellability, oath and affirmation

Evidence taken or served before trial; duty to disclose

Rules of evidence relating to the course of a trial: general

Rules of evidence relating to the course of a trial: Examination of witnesses

Evidence taken after trial

Corroboration and supporting evidence

IdentificationPhysical conditions, states of mind and emotions

Character: general and introductory

Good character

Bad character of the accused (prosecution aspects)

Bad character of the accused (defence aspects)

Bad character of the co-accused

Bad character of persons other than the accused

Privilege: legal professional privilege

Privilege: other forms of privilege

Facts excluded by public policy

Loss and abuse of privilege

The implied undertakingThe rule against hearsay

Hearsay in civil proceedings

Hearsay in criminal proceedings

Res gestae and certain other exceptions to the hearsay rule in criminal proceedings

Common law exceptions to the rule against hearsay: evidence of reputation or family tradition; published works; public information; bankers’ books; ancient documents

Opinion and expert evidence

Restrictions on the right to silence: introduction

ConfessionsStatements in the presence, and documents in the possession, of a partyAgency, partnership, companies common purpose, acting in a capacity

Judicial discretion to admit or exclude evidence

Probates, verdicts, awards, inquisitions, pleadings, writs and depositions in former trials

Authorship and execution; attestation; ancient documents; connected and incorporated documents; alterations and blanks; registration stamps, etc

of documents generally: primary and secondary evidence, contents of particular documents; public, judicial and private

Exclusion of extrinsic evidence in substitution of, to contradict, vary, or add to documents

Admission of extrinsic evidence in aid of interpretation and to rebut presumptions

Judgments

Appendix

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