This memorandum deals with the Trial and Trial Evidence Rules, which are currently found in Part 25 (Rules 245-260), which deal exclusively with Trial Rules and Part 26 (Rules 261-265 and 292-296.1), which deal with Evidence both in and out of Court. The Rules in issue fall into one of three broad categories dealing with either procedural, evidential or substantive matters. The committee felt that the substantive Rules were useful, but that several of them amounted to little more than statements of certain aspects of the court’s inherent jurisdiction to control its own processes and therefore recommends removal of those Rules. The Committee recommends that procedural Rules 245 and 246 should be merged. Rules 252 and 253 should be retained but merged. Rules 251, 155, 256, 255.1 should be removed. Rule 260, 247, 248, 258 and 259 should be retained with some modifications. For the substantive Rules the committee found that Rule 250 and Rule 254 should be retained but that these Rules should be rewritten to ensure only one possible interpretation for giving notice where a defendant intends to adduce general evidence of character. The evidentiary Rules 249, 261, 261.1, 262, should be retained. Rule 263 should be removed as it appears not to have codified a long-established exception to the hearsay rule but has created confusion around it. Rules 264 and 265 should be removed because of redundancy. In the case of Rules 292-296.1, which deal with calling of witnesses, the Committee recommends that Rule 292 should be subsumed into Rule 293.
Consultation Memoranda
Back to Publication SearchRules: Trial and Evidence Rules, Parts 25 and 26, Consultation Memorandum 12.16
Resource Details
Publication No: | 12.16 |
FORMAT: | Publications |
TAGS: | Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
FILE: | cm01216.pdf |