Evidence notes

Question 1

What is the rule in Browne v Dunn?

Answer 1

A cross-examiner must put to a witness any specific aspects of their case that contradict the witness’s testimony

If a party intends to lead evidence inconsistent with a witness’s statement, the witness must be given the opportunity to explain or comment on it.

Question 2

What is the primary rationale for the rule in Browne v Dunn?

Answer 2

• Procedural fairness to the witness
• Prevents trial by ambush for the opposing party
• Ensures the court has a complete record of the witness’s response

It allows witnesses to defend themselves against attacks on their credibility.

Question 3

What are the exceptions to the rule in Browne v Dunn?

Answer 3

• Notice in other ways
• Lack of necessity and delicacy
• Challenges to general credit

These exceptions allow for flexibility in cross-examination under certain circumstances.

Question 4

What are the consequences of not complying with Browne v Dunn?

Answer 4

• Weight of Evidence may be reduced
• Inference Drawing may be limited
• Recalling the Witness may be allowed
• Exclusion of Evidence may occur

Non-compliance can lead to significant impacts on the trial’s fairness.

Question 5

When can documents be used to refresh memory?

Answer 5

• Contemporaneity
• Verification of Accuracy
• Present Recollection Revived
• Past Recollection Recorded

Documents must meet specific conditions related to timing and accuracy to be used effectively.

Question 6

Under Section 32 of the Evidence Act (Cth), what is prohibited regarding documents?

Answer 6

A witness cannot use a document to revive their memory about a fact or opinion while testifying unless the court gives leave

The court considers necessity and contemporaneity when deciding on this matter.

Question 7

What is the rule against hearsay?

Answer 7

Evidence of a previous representation made by a person is not admissible to prove the existence of a fact

This rule is outlined in Evidence Act (Cth) Section 59.

Question 8

What is the primary rationale of the rule against hearsay?

Answer 8

The maker of the original statement was not subject to cross-examination

This absence diminishes the value of the statement as it cannot be tested for reliability.

Question 9

What are the primary exceptions to the rule against hearsay?

Answer 9

• Admitted for a non-hearsay purpose
• First-hand hearsay
• Business Records (Section 69)
• Admissions (Section 81)
• Contemporaneous Statements (Section 66A)

These exceptions allow certain statements to be admissible under specific conditions.

Question 10

What are the requirements for expert evidence in Queensland?

Answer 10

• Duty to the Court
• Independence
• Code of Conduct
• Evidence-in-Chief by Report

Experts must adhere to strict guidelines to ensure their evidence is reliable and impartial.

Question 11

What are the primary classifications of evidence?

Answer 11

• Testimony
• Documents
• Real evidence

These classifications help in understanding the types of evidence presented in court.

Question 12

What are the requirements of expert evidence in the Federal Court?

Answer 12

• Specialised Knowledge
• Basis of Opinion
• Mandatory Pre-retention Requirements
• Requirements for the Expert Report

These requirements ensure that expert evidence is credible and follows court guidelines.

Question 13

When can a co-accused’s out of court statement be admissible for its truth?

Answer 13

• Admissions and the ‘Third Party’ Limitation
• Admissions Made in Furtherance of a Common Purpose
• Adoption by Conduct or Silence
• Non-Hearsay Purpose and Section 60

Specific circumstances allow for the admission of such statements against co-defendants.

Question 14

What is judicial notice?

Answer 14

A rule of evidence allowing a court to accept certain facts as true without formal proof

It serves as a rule of convenience to streamline proceedings by acknowledging indisputable or easily verified facts.

Question 15

According to the Evidence Act 1995 (Cth), judicial notice applies to which primary categories?

Answer 15

• Matters of Law
• Matters of Common Knowledge
• Matters of Official Record and State

These categories help courts recognize facts without requiring formal evidence.

Question 16

What are adjudicative facts?

Answer 16

Facts relating to the specific parties and the particular dispute being litigated

They differ from legislative facts, which assist in determining law or policy.

Question 17

What is the standard of proof in criminal proceedings?

Answer 17

Beyond reasonable doubt

This standard is codified in Section 141 of the Evidence Act 1995 (Cth).

Question 18

What is the legal burden of proof?

Answer 18

The obligation of a party to prove a fact in issue

It determines who is responsible for establishing a fact.

Question 19

What is circumstantial evidence?

Answer 19

Any fact from which a judge or jury may infer the existence of a fact in issue

It requires an additional logical step to reach a conclusion, unlike direct testimony.

Question 20

What is the best evidence rule?

Answer 20

• Primary Evidence: Original item itself
• Secondary Evidence: One step removed from the original

The common law original document rule has been abolished in the Evidence Act.

Question 21

What is opinion evidence?

Answer 21

Evidence of a witness’s belief, inference, or conclusion regarding a fact

Generally not admissible to prove the existence of the fact, with some exceptions.

Question 22

What is a subpoena?

Answer 22

A formal written order issued by a court compelling a person to assist in a legal proceeding

Subpoenas can require attendance to give evidence or to produce documents.

Question 23

When can a court exclude relevant evidence?

Answer 23

If its probative value is substantially outweighed by the danger of being unfairly prejudicial, misleading, or causing undue waste of time

This is outlined in Section 135 of the Evidence Act 1995 (Cth).

Question 24

What is an affidavit?

Answer 24

Written evidence of an individual made under oath or affirmation

It serves as a formal declaration of facts.

Question 25

What is the **Briginshaw standard**?

Answer 25

Clarifies that the degree of satisfaction required to find a fact proved is not static ## Footnote It mandates consideration of the nature of the cause of action and the gravity of the matters alleged.

Question 26

What is the **difference between evidentiary burden and legal burden**?

Answer 26

* Legal burden: Obligation to prove a fact * Evidentiary burden: Obligation to adduce enough evidence for consideration ## Footnote The legal burden determines responsibility, while the evidentiary burden relates to the sufficiency of evidence.

Question 27

When can **burdens shift**?

Answer 27

When a party establishes a prima facie case, the burden shifts to the other party to contradict the evidence ## Footnote If the plaintiff proves their case, the legal burden shifts to the defendant.

Question 28

What is the **standard of proof in civil matters** in the Federal Court?

Answer 28

Balance of probabilities ## Footnote This is codified in Section 140 of the Evidence Act 1995 (Cth).

Question 29

What is the **standard of proof in raising a defense in a criminal matter**?

Answer 29

On the balance of probabilities ## Footnote This standard applies to the defendant's case as per Section 141 of the Evidence Act.

Question 30

What is an **admission**?

Answer 30

A previous representation made by a party to a proceeding that is adverse to their interest ## Footnote It includes express statements and representations inferred from conduct.

Question 31

When are **admissions** admissible?

Answer 31

When they meet the criteria of being first-hand hearsay ## Footnote Sections 81 and 77 outline the primary exception to the hearsay rule.

Question 32

What is the **burden of proof**?

Answer 32

The obligation of a party to prove a fact in issue ## Footnote It determines who must establish the facts in a legal proceeding.

Question 33

What is the **standard of proof in disciplinary hearings**?

Answer 33

Civil standard of proof ## Footnote The gravity of the matters alleged is a relevant factor in reaching the necessary level of satisfaction.

Question 34

When can **prejudicial evidence** be excluded?

Answer 34

If its probative value is substantially outweighed by the danger of unfair prejudice ## Footnote This is specified in Section 135 of the Evidence Act 1995 (Cth).

Question 35

What is the **standard of proof on fact finding in sentencing**?

Answer 35

The rules of evidence do not automatically apply; the court has flexibility unless directed otherwise ## Footnote Courts often reach results similar to ordinary rules even without formal direction.

Question 36

The court finds the case of a **defendant** proved if it is satisfied that the case has been proved on the _______.

Answer 36

balance of probabilities ## Footnote This standard is used in civil proceedings.

Question 37

What is the difference between **standard of proof** and **legal burden of proof**?

Answer 37

* Legal burden: determines who establishes a fact * Standard of proof: determines how convinced the court must be ## Footnote Failure to meet the standard means the party bearing the legal burden has failed to prove their case.

Question 38

When is **hearsay** admissible?

Answer 38

* Relevant for a not hearsay purpose: s.60 * Business Records: personal knowledge documents * Tags, Labels, and Writing: information on business tags * Electronic Communications: sender and time details * Contemporaneous Statements: health or state of mind * Reputation: evidence of age or family history * Interlocutory Proceedings: source evidence provided * Aboriginal and Torres Strait Islander Laws: traditional laws representations ## Footnote These exceptions allow hearsay to be used in specific contexts.

Question 39

What is a **leading question**?

Answer 39

A question that suggests a particular answer or assumes a disputed fact ## Footnote Leading questions can influence the witness's response.

Question 40

Provide an example of a **leading question** and a **non-leading question**.

Answer 40

* Leading: "You saw the defendant leave the nightclub shortly before the incident, correct?" * Non-leading: "Where was the defendant when you last saw him that night?" ## Footnote Leading questions suggest answers, while non-leading questions do not.

Question 41

When can **leading questions** be asked?

Answer 41

During XXN ## Footnote XXN refers to cross-examination.

Question 42

When can a **Federal Court** exclude relevant evidence?

Answer 42

* s.138: improperly obtained evidence * s.135: probative value outweighed * s.119: privilege ## Footnote These sections outline conditions for excluding evidence.

Question 43

What is the rule regarding XXN on **prior inconsistent statements**?

Answer 43

s.43: Party may cross-examine a witness about a prior inconsistent statement ## Footnote This allows for challenging the credibility of a witness.

Question 44

What is the purpose of **cross-examination**?

Answer 44

To estimate the value of testimony given during examination in chief ## Footnote It allows the opposing party to test the witness's assertions.

Question 45

When can a **prior consistent statement** be used?

Answer 45

* To rebut a prior inconsistent statement * To rebut suggestions of fabrication ## Footnote Requires leave of the court.

Question 46

What is the rule in **Jones v Dunkel**?

Answer 46

Unexplained failure to give evidence may lead to an inference that the uncalled evidence would not assist that party's case ## Footnote This rule addresses the consequences of not presenting available evidence.

Question 47

What are the requirements of the rule in **Jones v Dunkel**? (B-CLEN)

Answer 47

* Burden of proof on the party * Control of the witness/evidence * Likely knowledge of relevant facts * Evidence would elucidate the issue * Natural witness for the party to call ## Footnote These factors determine the applicability of the rule.

Question 48

When does the rule **Jones v Dunkel** not apply? (PECUB)

Answer 48

* Privilege * Explanation for absence * Cumulative evidence only * Unavailable witness * Both parties equally able to call the witness ## Footnote These exceptions limit the rule's application.

Question 49

When can you **impeach your own witness**?

Answer 49

With leave of the court, question as though cross-examining them ## Footnote This is generally prohibited at common law.

Question 50

What is the **balance of probabilities**?

Answer 50

The primary standard of proof in civil proceedings ## Footnote It requires the trier of fact to find a fact more probable than its non-existence.

Question 51

What is **beyond reasonable doubt**?

Answer 51

s.141: the standard of proof in criminal matters ## Footnote This standard is higher than the balance of probabilities.

Question 52

What are **improper questions** during cross-examination?

Answer 52

* Misleading or confusing * Unduly annoying or oppressive * Belittling or insulting * Based on stereotypes ## Footnote These types of questions are prohibited to maintain fairness.

Question 53

Why can’t you ask a **leading question** during Examination in Chief?

Answer 53

It suggests a particular answer or assumes a disputed fact ## Footnote This ban ensures reliable testimony.

Question 54

When can you cross-examine a witness on **credit**?

Answer 54

When evidence could substantially affect the assessment of the witness's credibility ## Footnote Specific exceptions allow for this type of questioning.

Question 55

What are the **means of proof**?

Answer 55

* Testimony * Hearsay * Documents * Real evidence * Circumstantial evidence ## Footnote These categories establish facts in a proceeding.

Question 56

When can you **lead evidence in rebuttal**?

Answer 56

* Substance was put during cross-examination * Witness denied the substance * Court grants leave ## Footnote Specific conditions apply for rebuttal evidence.

Question 57

What are the types of evidence to prove the contents of a **tendered document**?

Answer 57

* Tendering the document itself * Reproductions or transcripts * Affidavit or written statement for public documents ## Footnote The best evidence rule has been abolished by the Evidence Act.

Question 58

What is the **finality rule**?

Answer 58

The cross-examiner is bound by the witness's response ## Footnote This prevents distractions from the main issues.

Question 59

What are the **exceptions to the finality rule**?

Answer 59

* Bias, Interest, or Corruption * Prior Convictions * Prior Inconsistent Statements * Inability to Recall or Perceive * Lack of Veracity ## Footnote These exceptions allow for leading extrinsic evidence.

Question 60

What is an **adverse witness**?

Answer 60

A witness who fails to support the case of the party who called them ## Footnote Under the Evidence Act, they are considered unfavourable.

Question 61

What must a party do to admit a **document as evidence**?

Answer 61

Tender the document itself or use statutory methods for copies ## Footnote Identification may be used during questioning.

Question 62

Are **business records** admissible as hearsay?

Answer 62

Yes, under Section 69 as a specific exception ## Footnote This allows for the use of business records in court.

Question 63

When can a document be used for the **truth of its contents**?

Answer 63

* Admission for a non-hearsay purpose: s60 * First hand hearsay: s63 * Business records: s69 * Admissions: s81 * Interlocutory proceedings: s75 ## Footnote These sections outline when documents can be used for their content.

Question 64

What is **competence and compellability**?

Answer 64

* Competence: legally allowed to give evidence * Compellability: legally forced to give evidence ## Footnote These terms define a witness's ability to testify.

Question 65

Which matters does the **Evidence Act 1995 (Cth)** apply to?

Answer 65

All proceedings in a federal court ## Footnote Includes the High Court and any court created by Parliament.

Question 66

What are the consequences of failing to **object to evidence**?

Answer 66

Waived right to later complain about admissibility ## Footnote Inadmissible evidence may still be used if not challenged.

Question 67

When can a witness be asked a question to the **ultimate issue**?

Answer 67

s.80: opinion evidence is not inadmissible due to it concerning a fact in issue ## Footnote Must satisfy the general opinion rule.

Question 68

What should a **barrister** do if they suspect their client is engaged in **illegal conduct**?

Answer 68

Withdraw from representing the client ## Footnote A barrister must act in accordance with the law and ethical guidelines.

Question 69

When can a **barrister withdraw** from representing a client?

Answer 69

When there is a conflict of interest or illegal conduct ## Footnote Withdrawal must comply with ethical rules and legal obligations.

Question 70

When is it appropriate for a **barrister** to **terminate their retainer** with a client?

Answer 70

If the client engages in illegal conduct or breaches the agreement ## Footnote Termination must follow ethical guidelines.

Question 71

What is a **barrister's duty** when dealing with **unrepresented parties**?

Answer 71

To ensure fairness and not take advantage of their lack of legal knowledge ## Footnote This duty is crucial for maintaining ethical standards.

Question 72

What are the **ethical rules** for a barrister dealing with **vulnerable witnesses**?

Answer 72

* Provide appropriate support * Avoid leading questions * Ensure understanding of the process ## Footnote Vulnerable witnesses require special consideration to ensure justice.

Question 73

Under what circumstances can a **barrister accept** or continue to act in a matter where there is a **potential conflict of interest**?

Answer 73

If informed consent is obtained from all affected parties ## Footnote Transparency and consent are key to managing conflicts.

Question 74

What are the **ethical rules** for a barrister when **negotiating settlements** on behalf of their client?

Answer 74

* Act in the best interest of the client * Ensure client understands the terms * Avoid coercion ## Footnote Ethical negotiation practices are essential for fair outcomes.

Question 75

What is a **freezing order**?

Answer 75

A court order to prevent a party from disposing of assets ## Footnote It is often used to secure assets pending litigation.

Question 76

When can a **freezing order** be made?

Answer 76

When there is a risk of asset dissipation before judgment ## Footnote Courts assess the likelihood of asset loss.

Question 77

What is the **monetary jurisdiction** of **Magistrates and District Court**?

Answer 77

Magistrates: up to $150,000; District Court: up to $750,000 ## Footnote These limits define the financial scope of cases each court can hear.

Question 78

What factors does a court consider in **delay**?

Answer 78

* Length of delay * Reasons for delay * Prejudice to parties ## Footnote Delay can impact the fairness and efficiency of proceedings.

Question 79

When can **pleadings and particulars** be **struck out**?

Answer 79

If they are irrelevant, scandalous, or vexatious ## Footnote Courts maintain the integrity of pleadings to ensure proper legal processes.

Question 80

When can **summary judgment** be granted?

Answer 80

When there is no genuine issue for trial ## Footnote This expedites cases where the outcome is clear.

Question 81

When can **default judgment** be granted?

Answer 81

When a defendant fails to respond to a claim ## Footnote Default judgment allows the plaintiff to win without a trial.

Question 82

When can amendments to **pleadings** be made without **leave**?

Answer 82

Before the close of pleadings ## Footnote Timely amendments help clarify issues in dispute.

Question 83

When is **leave** needed to amend **pleadings**?

Answer 83

After the close of pleadings or if the amendment is substantial ## Footnote Courts assess the necessity and impact of amendments.

Question 84

When are **particulars** needed?

Answer 84

When pleadings are vague or lack detail ## Footnote Particulars help clarify the claims being made.

Question 85

What are the **procedural requirements** for **expert evidence**?

Answer 85

* Must be relevant * Must be based on specialized knowledge * Must comply with court rules ## Footnote Expert evidence must meet strict standards for admissibility.

Question 86

When will a court grant a **dismissal for want of prosecution**?

Answer 86

If a party fails to progress their case in a timely manner ## Footnote This ensures that cases are resolved efficiently.

Question 87

What are **inconsistent allegations/claims**?

Answer 87

Claims that contradict each other within the same case ## Footnote Inconsistencies can undermine a party's credibility.

Question 88

Can **inconsistent allegations/claims** be pleaded in the **Federal Court**?

Answer 88

Yes, but they must be clearly identified ## Footnote Clarity helps the court understand the issues at hand.

Question 89

What are **search orders**?

Answer 89

Court orders allowing a party to search for and seize evidence ## Footnote These are typically used to prevent destruction of evidence.

Question 90

When can **search orders** be made?

Answer 90

When there is a risk of evidence being destroyed ## Footnote Courts assess the urgency and necessity of such orders.

Question 91

What is an **interlocutory application**?

Answer 91

A request for a court order made before the final resolution of a case ## Footnote These applications address urgent matters that arise during proceedings.

Question 92

What are the **requirements** of an **interlocutory application**?

Answer 92

* Must show urgency * Must provide supporting evidence * Must comply with court rules ## Footnote Properly structured applications facilitate timely court decisions.

Question 93

Can an **interlocutory application** be heard **ex parte**?

Answer 93

Yes, if there is a risk of harm to the applicant ## Footnote Ex parte hearings allow for urgent matters to be addressed without the other party present.

Question 94

What are **particulars**?

Answer 94

Detailed information that clarifies pleadings ## Footnote They help ensure that all parties understand the claims being made.

Question 95

When can **pleadings** be amended in the **Federal Court**?

Answer 95

With leave of the court or before the close of pleadings ## Footnote Amendments must comply with procedural rules.

Question 96

What are the **requirements** of **denials** and **non-admissions**?

Answer 96

* Must be clear * Must address specific allegations ## Footnote Properly articulated denials help clarify the issues in dispute.

Question 97

What is the procedure for the **Supervised Case List**?

Answer 97

Cases are monitored for compliance with timelines and requirements ## Footnote This ensures efficient case management.

Question 98

When can the **Federal Court grant summary judgment**?

Answer 98

When there is no genuine issue of material fact ## Footnote Summary judgment expedites the resolution of clear cases.

Question 99

What is the procedure for the **Commercial List**?

Answer 99

Specialized procedures for commercial disputes, including expedited hearings ## Footnote This list is designed for efficiency in commercial matters.

Question 100

What matters must be **expressly pleaded** in the **Federal Court**?

Answer 100

* Claims for damages * Specific defenses * Counterclaims ## Footnote Clear pleading is essential for the court's understanding of the case.

Question 101

What is a **‘step’**?

Answer 101

An action taken in the course of legal proceedings ## Footnote Steps are crucial for progressing a case through the court system.

Question 102

What are the **four ways** to start a process in **Queensland**?

Answer 102

* Originating application * Statement of claim * Notice of appeal * Application for a review ## Footnote Each method serves different legal purposes.

Question 103

How are **proceedings commenced** in the **Federal Court**?

Answer 103

By filing an originating process ## Footnote This initiates the legal action in the court.

Question 104

Does the **Federal Court** have a **duty of disclosure**?

Answer 104

Yes, parties must disclose relevant information ## Footnote This duty promotes transparency and fairness in proceedings.

Question 105

What are the **consequences** of an **improper denial**?

Answer 105

Potential sanctions or adverse inferences by the court ## Footnote Courts expect honest and clear responses to allegations.

Question 106

What are the **requirements** of an **affidavit**?

Answer 106

* Must be sworn or affirmed * Must contain relevant facts * Must comply with court rules ## Footnote Affidavits serve as written evidence in court.

Question 107

Who bears the **onus** on the **supervised case list**?

Answer 107

The applicant ## Footnote The applicant must demonstrate compliance with requirements.

Question 108

Who bears the **onus** on the **Commercial list**?

Answer 108

The party making the claim ## Footnote This ensures accountability in commercial disputes.

Question 109

What matters must be pleaded for a **debt or liquidated demand**?

Answer 109

* Amount owed * Basis for the debt ## Footnote Clear pleading is essential for enforcing financial claims.

Question 110

What are the **consequences** of not complying with the **rules or orders**?

Answer 110

Possible dismissal of the case or sanctions ## Footnote Compliance is critical for maintaining the integrity of the legal process.

Question 111

What is an **originating process**?

Answer 111

A document that initiates legal proceedings ## Footnote It outlines the claims being made in court.

Question 112

Who can call **experts**? And how can they call them?

Answer 112

Any party can call experts, typically through a subpoena or notice ## Footnote Experts provide specialized knowledge relevant to the case.

Question 113

What is a **default judgment**?

Answer 113

A judgment granted when a defendant fails to respond ## Footnote It allows the plaintiff to win without a trial.

Question 114

What are **directions**?

Answer 114

Orders issued by the court to guide the conduct of proceedings ## Footnote Directions help manage the progress of a case.

Question 115

What is the **rule in Cape York Airlines**?

Answer 115

A legal principle regarding the liability of carriers ## Footnote This rule addresses specific issues in aviation law.

Question 116

A dispute is seeking damages for **$650,000**; can the **Supreme Court** hear it?

Answer 116

Yes, as it exceeds the monetary jurisdiction of lower courts ## Footnote The Supreme Court handles significant claims.

Question 117

When is **leave** needed to continue proceedings after **delay**?

Answer 117

When the delay is significant and affects the case's progress ## Footnote Courts assess the reasons for delay before granting leave.

Question 118

What is the **duty of disclosure**?

Answer 118

The obligation to reveal all relevant information to the court ## Footnote This duty ensures transparency in legal proceedings.

Question 119

What does not need to be **disclosed**?

Answer 119

Privileged communications or irrelevant information ## Footnote Protecting certain communications is essential for confidentiality.

Question 120

Can **property** be inspected or detained in the **UCPR**?

Answer 120

Yes, under certain conditions set by the court ## Footnote This allows for the preservation of evidence.

Question 121

There is a dispute regarding the interpretation of a **contractual term** under a standard **REIQ property contract**, what is the appropriate **originating process**?

Answer 121

Originating application ## Footnote This process is used for disputes over contractual interpretations.

Question 122

What are the means in which the **documents** are disclosed in the **Federal Court**?

Answer 122

* Discovery * Inspection * Production ## Footnote Proper disclosure is vital for fair proceedings.

Question 123

What are the **requirements** of **pleadings**?

Answer 123

* Clarity * Relevance * Compliance with rules ## Footnote Well-structured pleadings facilitate understanding and resolution.

Question 124

What is a **subpoena**?

Answer 124

A legal document ordering a person to attend court or produce evidence ## Footnote Subpoenas are essential for gathering evidence.

Question 125

When are **pleadings** needed?

Answer 125

In all civil proceedings to outline claims and defenses ## Footnote Pleadings establish the framework for the case.

Question 126

Does a **non-party** have a **duty to disclose**?

Answer 126

Generally no, unless specified by the court ## Footnote Non-parties typically are not bound by disclosure obligations.

Question 127

What are the **requirements** for a **claim**?

Answer 127

* Legal basis * Factual basis * Compliance with procedural rules ## Footnote Claims must be well-founded to proceed in court.

Question 128

What are the **requirements** for an **application**?

Answer 128

* Clear grounds * Supporting evidence * Compliance with court rules ## Footnote Applications must be substantiated to be considered.

Question 129

When is an **originating application** not needed?

Answer 129

When the matter can be resolved through other processes ## Footnote Courts prefer efficient resolution methods.

Question 130

When can an **originating process** be **set aside**?

Answer 130

If it does not comply with legal requirements ## Footnote Setting aside ensures adherence to procedural standards.

Question 131

What are the **consequences** of a failure to give **particulars**?

Answer 131

Potential dismissal of the case or inability to proceed ## Footnote Particulars are crucial for clarity in legal proceedings.

Question 132

What is an **implied non-admission**?

Answer 132

A response that does not explicitly admit or deny an allegation ## Footnote This allows for strategic legal positioning.

Question 133

When are **affidavits** used?

Answer 133

To provide sworn evidence in court proceedings ## Footnote Affidavits are critical for establishing facts.

Question 134

When is **oral evidence** heard?

Answer 134

During trials or hearings where witness testimony is required ## Footnote Oral evidence allows for direct examination and cross-examination.