Courts’ power to manage factual evidence
Courts’ power to manage factual evidence

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Courts’ power to manage factual evidence
  • Case management of evidence—Rules 32.1 and 32.2(3)
  • Proposing witnesses needed for trial
  • Courts’ approach to limiting witness evidence
  • Supplemental witness evidence
  • Courts’ power to admit new witness evidence at a late stage
  • Courts’ power to make an order for cross-examination CPR 32.7
  • Court specific guidance

In this Practice Note, we address the courts’ power to manage evidence under CPR 32.1 and, in relation to witness evidence specifically, under CPR 32.2(3). We also look at points to consider when proposing factual witnesses and the courts’ approach to case managing witness evidence.

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

Case management of evidence—Rules 32.1 and 32.2(3)

Under CPR 32.1, the court can:

  1. control the evidence by giving directions as to:

    1. the issues on which it requires evidence

    2. the nature of the evidence which it requires to decide those issues, and

    3. the