10 Methods of Gathering Evidence

59 objections to answer r 3007 1 a party interrogated

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Objections to answer: r 30.07 (1) A party interrogated shall answer each interrogatory except to the extent that it may be objected to on any of the following grounds— (a) the interrogatory does not relate to any question between the party and the interrogating party; (b) the interrogatory is unclear or vague or is too wide; (c) the interrogatory is oppressive; (d) the interrogatory requires the party to express an opinion which the party is not qualified to give; (e) privilege.
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Sharpe v Smail (1975) 5 ALR 377 Defendant was trustee of the estate of two bankrupt stockbrokers Interrogatories related to questions about a former employee of the stockbrokers. Defendant responded: I have no personal knowledge of the matters enquired after. I have certain information about the said matters but I am unable to swear as to a belief in the truth of such information .” 61
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Sharpe v Smail (cont/d) HELD : Answers insufficient. Did nor state what enquiries had been made. Trustee stands in the shoes of the bankrupt and has same obligation as bankrupt person would have had when it comes to answering interrogatories. Defendant required to answer to the best if his knowledge, information and belief. Can no t say you do not believe something, simply because he does not know it to be true. Must be more than baseless suspicion. 62
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Default: r 30.09 Where party has failed to answer interrogatories, court may order that they be provided. If they do not comply with the court order a default notice can be served under r 30.09.1 & after 7 days court can order: if plaintiff in default, that proceeding be dismissed; if defendant in default, that defence be struck out.
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Notices to admit
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Notice to Admit Any party can serve a notice requesting the other party admit certain facts or the authenticity of certain documents. Purpose -to reduce time & expense of trial by restricting trial to matters genuinely in dispute between the parties.
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Notices for admission of facts: r 35.03 Serve a notice to admit on other party, specifying facts to be admitted or disputed If disputing the fact, must serve a notice of dispute If no response after specified time, fact taken to be admitted Party can withdraw an implied admission with leave of court
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Cost consequences r 35.06 Where a party serves a notice under Rule 35.03(2) or 35.05(2) disputing a fact or the authenticity of a document, & afterwards that fact or document is proved in the proceeding, liability for costs shall be determined in accordance with Rule 63.18 (ie party to pay the costs of proof) .
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Subpoenas
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Subpoenas 42.02 Attendance by subpoena (1)In any proceeding the Court may by subpoena order the addressee – (a)to attend to give evidence (b)to produce any document or thing for evidence; or (c)both.
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Service of a subpoena Must be served personally: r 42.05 Conduct money must be given: r 42.06(1) Conduct money: money to meet the reasonable expenses of attending court and returning
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Subpoenas Subpoena allows party to obtain: documents ( subpoena duces tecum ); and/or
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