Not exact matches
Witnesses shall be examined by one person
on behalf of the
party producing them, and then cross-examined by one person
on the other side.
To act as a
witness is to present yourself for series
of questioning both by your lawyer (or the lawyer acting
on behalf of the
party in whose favour you were called to testify) and the lawyer at the opposing end.
[21] In my view it is improper to categorize the non-treating doctor or any other third
party consultant retained
on behalf of the plaintiff as a
witness in which there is no property.
Conducting the advocacy
on behalf of a third -
party witness compelled to attend a London - seated arbitration pursuant to s. 43
of the Arbitration Act 1996.
«All
of the
witnesses called
on behalf of the lawyers testified that it was usual, with sophisticated corporate client groups, that the external counsel would take no part in commercial negotiations and that the in - house counsel would brief the audit committee
on the facts where the audit committee's approval was sought for a related -
party transaction.
[6] The Westerhof appeal raises the question
of whether rule 53.03 applies only to experts described in rule 4.1.01 and Form 53 — experts «engaged by or
on behalf of a
party to provide [opinion] evidence in relation to a proceeding» (referred to in these reasons as «litigation experts»)-- or whether it applies more broadly to all
witnesses with special expertise who give opinion evidence.
[The following cases responding to this issue are in contrast to the rules
of court governing civil cases where the court has the power to require that the
party be examined before other
witnesses on his
behalf: Ontario Rule 52.06 (2)-RSB-.
These two types
of expert
witnesses can be contrasted with «litigation experts» who are experts «engaged by or
on behalf of a
party to provide [opinion] evidence in relation to a proceeding» (R. 4.1.01).
«I conclude that a
witness with special skill, knowledge, training, or experience who has not been engaged by or
on behalf of a
party to the litigation may give opinion evidence for the truth
of its contents without complying with rule 53.03 where: the opinion to be given is based
on the
witness's observation
of or participation in the events at issue; and the
witness formed the opinion to be given as part
of the ordinary exercise
of his or her skill, knowledge, training and experience while observing or participating in such events,» wrote Justice Janet Simmons
on behalf of the court.
(4) Where a
party to the proceeding disputes the facts set out in the report, the Children's Lawyer shall if directed by the court, and may when not so directed, attend the hearing
on behalf of the child and cause the person who made the investigation to attend as a
witness.
(2)... but the Tribunal may require the
witness to give evidence before any other
witnesses are called to give evidence
on behalf of that
party.
However, a judge can require
witnesses who are instructing counsel or who are
parties to testify before any
witnesses called
on behalf of that
party.
It is clear
parties to proceedings can be liable for the acts
of their
witnesses and a claim or response can be struck out due to unacceptable behaviour by or
on behalf of a
party to the proceedings.
Testimony and documentary evidence:
Parties to disputes may testify
on their own
behalf and may present testimony
of witnesses and introduce documentary evidence.