Civil Evidence (Scotland) Act 1988

JurisdictionUK Non-devolved
Citation1988 c. 32
(1) In any civil proceedings the court or, as the case may be, the jury, if satisfied that any fact has been established by evidence in those proceedings, shall be entitled to find that fact proved by that evidence notwithstanding that the evidence is not corroborated.(2) Any rule of law whereby any evidence may be taken to be corroborated by a false denial shall cease to have effect.evidence shall not be excluded solely on the ground that it is hearsay;a statement made by a person otherwise than in the course of the proof shall be admissible as evidence of any matter contained in the statement of which direct oral evidence by that person would be admissible; andthe court, or as the case may be the jury, if satisfied that any fact has been established by evidence in those proceedings, shall be entitled to find that fact proved by the evidence notwithstanding that the evidence is hearsay.(2) Nothing in this section shall affect the admissibility of any statement as evidence of the fact that the statement was made.(3) In paragraph (e) of section 5 of the Court of Session Act 1988 (power to make provision as regards the Court of Session for admission of written statements etc. in lieu of parole evidence) , for the words “the admission in lieu of parole evidence of written statements (including affidavits) and reports, on such conditions as may be prescribed” there shall be substituted the words “written statements (including affidavits) and reports, admissible under section 2(1) (b) of the Civil Evidence (Scotland) Act 1988, to be received in evidence, on such conditions as may be prescribed, without being spoken to by a witness”.(4) For paragraph (e) of section 32(1) of the providing in respect of any category of civil proceedings for written statements (including affidavits) and reports, admissible under section 2(1) (b) of the Civil Evidence (Scotland) Act 1988, to be received in evidence, on such conditions as may be prescribed, without being spoken to by a witness;
  • In any civil proceedings a statement made otherwise than in the course of the proof by a person who at the proof is examined as to the statement shall be admissible as evidence in so far as it tends to reflect favourably or unfavourably on that person’s credibility.
  • be recalled as a witness whether or not he has been present in court since giving evidence initially; orbe called as an additional witness whether or not he has been present in court during the proof (or during any other part of the proceedings) .(2) Nothing in section 3 of the (1) Unless the court otherwise directs, a document may in any civil proceedings be taken to form part of the records of a business or undertaking if it is certified as such by a docquet purporting to be signed by an officer of the business or undertaking to which the records belong; and a statement contained in any document certified as aforesaid may be received in evidence without being spoken to by a witness.(2) For the purposes of this section, a facsimile of a signature shall be treated as a signature.deemed a true copy; andtreated for evidential purposes as if it were the document itself.(2) In subsection (1) above, “copy” includes a transcript or reproduction.(3) Sections 3 to 5 of the (1) In any civil proceedings, the evidence of an officer of a business or undertaking that any particular statement is not contained in the records of the business or undertaking shall be admissible as evidence of that fact whether or not the whole or any part of the records have been produced in the proceedings.(2) The evidence referred to in subsection (1) above may, unless the court otherwise directs, be given by means of the affidavit of the officer.(3) In section 6 of the Bankers’ Books Evidence Act 1879 (case in which banker not compellable to produce book) , after the word “Act” there shall be inserted the words “or under the Civil Evidence (Scotland) Act 1988”.(1) In any action to which this subsection applies (whether or not appearance has been entered for the defender) , no decree or judgment in favour of the pursuer shall be pronounced until the grounds of action have been established by evidence.(2) Subsection (1) above applies to actions for divorce, F1for dissolution of civil partnership, for separation of spouses or of civil partners, for declarator of marriage or of nullity of marriage or of civil partnership or for, . . . parentage or non-parentage.(3) Subject to subsection (4) below, in any action for divorce, separation or declarator of marriage or nullity of marriage, the evidence referred to in subsection (1) above shall consist of or include evidence other than that of a party to the marriage (or alleged or purported marriage) .(3A) Subject to subsection (4) below, in any action for dissolution of civil partnership, separation of civil partners or declarator of nullity of civil partnership, the evidence referred to in subsection (1) above shall consist of or include evidence other than that of a partner in the civil partnership (or purported civil partnership) .(4) The Lord Advocate may by order made by statutory instrument provide that subsection (3) F4or (3A) above shall not apply, or shall apply subject to such modifications as may be specified in the order, in respect of such class or classes of action as may be so specified.(5) No order shall be made under this section unless a draft of the order has been laid before Parliament

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