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Ross Miller
Ross Miller,
Category: Property Law
Satisfied Customers: 2229
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Evidence from third parties and admissibility at trial. Can

Customer Question

Evidence from third parties and admissibility at trial. Can I report conversations with someone as a witness to provide evidence if they are not present to respond or verify the testimony in court? Also if I am showing documents that I obtained from them which are emails or letters between them and someone else to provide evidence of fact will it be admissible?
Submitted: 9 days ago.
Category: Property Law
Expert:  Ross Miller replied 8 days ago.

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Expert:  Ross Miller replied 8 days ago.

Thank you for your enquiry. So the answer to the fist part of your question is no, you cannot simply report a conversation as part of your evidence. If you want this entered into evidence then the person would have to attend court as a witness and speak about the conversation they had, obviously this is evidence and does not specifically prove anything but you are allowed to ask questions in relation to a specific conversation that person may have had. So if you want it entered into evidence then you will have to include them as a witness if they are not willing to come you can ask the court to order them to come. Secondly, if you have emails etc. that you wish to have entered into evidence then you can do this 100%. Do be mindful that any court case has full disclosure, this means that if you are entering emails into evidence then you will have to send them to both the court and the other party at the same time. IF you want to ask questions about the emails you are referring to then it may be an idea to have the party to the emails attend the court as a witness also.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

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Many Thanks

Customer: replied 6 days ago.
If I was involved in the conversation (rather than overhearing someone elses conversation) can I report this as it would be my own experience? Also, I want to submit emails as evidence which I was supplied with and which concerned me but I wasn't in every case cc'd on the email. Would I be able to submit them as documentary evidence and if so would it be appropriate to include mention in a witness statement of their existence and comment on how I obtained them, my belief they are genuine or similar and relevance in proving the case etc? I.e. if I didn't write the email I realise I can't state that I know the contents to be true or that the email was definitely sent but I could show by the emails the extent of the evidence that the emails were sent and contents acknowledged etc by also submitting the emails in reponse etc? If I am allowed to do this and submit emails as documentary evidence do they have to be submitted as 'exhibits' or if I making the witness statement in support of an application to submit the documentary evidence do I submit the documents as a 'supplementary bundle" and refer to the documents in this bundle in the witness statement?
Expert:  Ross Miller replied 5 days ago.

You can yes, this is what the purpose of leading evidence in court is. However, as you may suspect without any evidence this will be refuted by the other side and attacked in cross examination. However, if it is something you have heard then you will want to include it as part of your evidence.