EXCLUDING WITNESSES FROM COURT IN CIVIL AND FAMILY HEARINGS: THE APPROPRIATE APPROACH: LUCKWELL V LIMATA CONSIDERED

March 7, 2014 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

In civil proceedings witnesses are commonly present throughout the entire action. On occasions a request is made that witnesses be excluded. There is little authority for the proposition that a court can exclude witnesses or guidance as to how the discretion should be exercised. This issue was con...

Enjoying this post?

Become a Civil Litigation Brief member to read full articles and access all premium content.

Become a member

Already a member? Log in below

Tags: Civil Procedure Rules, Evidence

2 Responses

Robert Sharp · March 2, 2023 at 18:34:51 · →

It seems strange that the rules that apply in the criminal courts do not automatically apply in civil and family matters. Surely the reasons for exclusion of witnesses in the criminal courts before they have given evidence — that their testimony may be contaminated if they hear what others have said to the tribunal of fact — apply equally in other judicial settings?
Alan Robertshaw · March 15, 2023 at 12:30:46 · →

In civil proceedings witness statements are exchanged well in advance of any trial; and there is no examination in chief. The witness statement stands as the witness’s evidence.

So there is perhaps less opportunity to tailor evidence as there might be in a criminal trial where evidence in chief is given live.

(Although the defence would generally have the statements of any prosecution witnesses)