The Assignment on Evidence and Proof in Litigation

Running head- EVIDENCE AND PROOF IN LITIGATION
Evidence and Proof in Litigation
Name of the Student
Name of the University
Author Note

Evidence and proof in litigation.1
The primary issues that were observed in the problem include the following:
1. What shall be the response of the Judge to the request by the council for the
production of the written report?
2. What should be done by the Judge upon the circumstance that the council wants to
call upon a witness who is claiming that Jasmine was intoxicated during the
occurrence of the event?
3. Whether the Judge conducting the trial will allow the view process to take place?
The rules applicable to the case are as follows:
1. Evidence Act 2008
Witnesses can be compelled when they may be legally obliged to give evidence. Hence, it
means that when a competent witness refuses to give evidence, he or she may be compelled
and it may result in detention for contempt. (Kowalick, StuckeyScott and Wise 2015)
2. Walker v Walker rule
As per the rule laid in the case of Walker v. Walker, when a witness refers to some kind of
document in the due process by the examination in chief, the opposing counsel has the power
to ask for the production of the document. Not only that, the counsel conducting the
examination, has the power to force the witness in order to produce the document as a part of
the case. Nevertheless, in a scenario where the witness is referring to the document to refresh
the memory, then the opposing counsel has the right to order for the production of the
document.
3. S 32 of the Evidence Act, 2008
As per the provision, a witness must not make use of any document in order to recover
retention without the leave of the court. The S 32(3) provides that a witness may, with the