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Witnesses

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EVIDENCE  .  .  .  and how to call witnesses

Our Courts make Decisions and Orders based on evidence properly proven in Court.

Some evidence can be placed before the Court in written statement form if there is agreement between everyone concerned.

Where there is no agreement, then the person who is attempting to prove the case has to call a witness or witnesses to give evidence.

In a Police case, the Police will arrange for witnesses to come to Court to give evidence to prove the case.

The same thing happens in a Civil Case when someone is suing someone else and in the Family Court witnesses are also called to give evidence on those issues.

You will have plenty of opportunity to obtain from the other side, well before the set Court date, statements of the evidence is going to be given by those witnesses.

In the Criminal Court, this is known as Pre-Trial  "Discovery".

In the Civil Court it is generally known as "the exchange of Briefs of Evidence prior to hearing".  See our specialist topic -

Brief of Evidence - A Case in Court

"The Witness" is the name we obviously give to the person who is going to be giving the evidence in Court.

Evidence is always given "on oath" or by way of "affirmation". This means that,  if the witness tells a lie in Court,  then he or she has committed perjury and will very likely go to prison. 

We have a special Index topic in our Master Index entitled   -

Perjury

Once the witness has given the evidence in Court then the other side of the case is able to ask questions of that witness. This process is called cross examination and a good cross examiner can usually get to the truth of the matter by asking -

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"I was a witness in Court recently in a criminal case and I was treated really badly. I was searched and then left on my own for over an hour and even then I was not offered and tea or coffee. I think there should be far more done for witnesses.

Donna . . . . South Auckland - February 2007 "

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"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
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G & J June 2007"

"Hi Richard
I would like to get your thoughts on a proposal I am thinking of putting to our neighbours at a Settlement Conference on Monday. They have applied for an Order to have trees removed in our property under Section 129C of the Property Law Act 1952. It looks unlikely that either party will concede so I was going to suggest that both parties agree to the Conference Judge making a decision based on the facts presented and on the Property Law Act provisions. We would agree to abide by the decision and not appeal providing our neighbours agreed to do the same. This would save the expense and time of a full Court hearing if we otherwise dont reach settlement through the Monday Conference. The outcome should be the same-we are both representing ourselves. I guess if the Judge decides an Order for removal should be made he would have to formalise this through a Court procedure in terms of the Property Law Act but hopefully not through a normal hearing. Would appreciate your comments on this approach. Has it been done to your knowledge, is it feasible, are there any fatal flaws in the idea ?
Cheers Barry C. June 2007"

"Good Morning,

Anything can be done as a Judicial Settlement Conference provided it is done "by consent". We have not heard of a binding decision being made by a Judge at such a Conference in the Civil Court but is has been done by agreement in the Family Court particularly in the urgent situations of Christmas access being arranged at the last minute and the Judge convening a Mediation Conference and both parties agreeing that the Judge can determine such access on the facts.

But there is nothing to stop you trying to persuade the other side to let the Judge make a decision the Judicial Settlement Conference. However, the Judge would have to have all of the information before him or her at the time and this will include photographs and possibly even going out to have a "view" of the site. We have long advocated that there ought to be a system like this within our judicial system, perhaps by way of a souped up Disputes Tribunal presided over by a trained but energetic and innovative legally trained Referee. But we have not got to that stage yet.

By all means, give it your best shot on Monday. Put your case forward in a very well-prepared manner and be totally objective and fair-minded. you may well find that the Conference proceeds in a way favourable view and therefore you are entitled to drop into the discussions from time to time "Well, Judge, why cannot be settled on that basis?" You might well find that the other side does settle and agree and the Judge this then able to wrap it all up with an appropriate order.

Best of luck . . . Netlaw
"

"Thanks Netlaw
The Judge has all the lengthy affidavits, photos etc and I agree he would really need to see the site. Will give it a shot and thanks for your prompt response and encouragement.
Cheers . . . Barry - June 21 2007
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"Bloody, bloody, bloody helpful. Worth the $45 alone!!! I threatened my neighbours (nicely) with a letter and a bundle of the documents you suggested and they agreed to take down two trees. No lawyers involved. You guys empowered me and I did it myself, successfully. Jim D. Blenheim"
"Thanks Netlaw,
You really gave us the tools to go into court and have a confidance that we were doing the right thing. After 4 court sessions we agreed with our neighbour on the work to be done and a consent order was issued by the court. The trees are now gone and we can look forward to sunlight on our house in the winter. You are helping average joe kiwi to get his rights.
Thanks, Matt - Taupo, February 2008
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Kevin M - Hamilton"

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Thanks so much :)))"

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"My husband and I liked all this information. Keep it up please! Well worth the $45. We have spent so much on lawyers, blast them. I suppose they are necessary but when we see these concepts set out simply by you in Netlaw we wonder what all the secrecy and fuss was about in other matters. "
"I have heard that through the Will I am able to gift up to $27 500.00 of my property per year to some one that I want to inherit without paying gifting fees where do I find a template for this

Netlaw answers: Good morning,

You posted a blog on Netlaw this morning. We reply as follows.

Gift duty is not payable on money or assets which pass under your will. Therefore, you can leave $1,000,000 to someone in your will and it is not classified as a gift.
However, if you wanted to give someone $1 million during your lifetime then that would attract gift duty at 40 cents in the dollar (subject to a more specific calculation about a lesser amount of gift duty in some bands above $27,000) for any amount gifted over $27,000 per year. This is why gift programmes over a number of years have to be set up during the course of your lifetime to avoid or minimise paying gift duty.
But we repeat - money or assets left under a will are not treated as gifts for gift duty purposes. Nor are death duties payable any more. They were abolished well over 10 years ago.

Cheers . . . . Netlaw"

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Netlaw replies - No, but you do have to pay for a lawyer of your choice UNLESS the case is so serious that it goes to the District Court or the High Court. Then, normal legal aid takes over where you can choose your own lawyer."

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