[F1Modification of the general rules of evidence and disclosureE+W
79.22.—(1) Part 31 (disclosure and inspection of documents), Part 32 (evidence) and Part 33 (miscellaneous rules about evidence) do not apply to any proceedings to which [F2Section 2 or 3 of] this Part applies.
(2) Subject to the other rules in [F3Section 2, 3 and this Section of] this Part and to any directions of the court, the evidence of a witness may be given either—
(a)orally before the court; or
(b)in a witness statement.
(3) The court may also receive evidence in documentary or any other form.
(4) A party is entitled to adduce evidence and to cross-examine witnesses during any part of a hearing from which a party and that party’s legal representative are not excluded.
[F4(4A) A special advocate is entitled to adduce evidence and to cross-examine witnesses.]
(5) The court may require a witness to give evidence on oath or by affirmation.]
Textual Amendments
F1Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.
F2Words in rule 79.22(1) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(f)(i)
F3Words in rule 79.22(2) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(f)(ii)
F4Rule 79.22(4A) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(f)(iii)