WA EVIDENCE & WITNESS RULES

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SP3

Well-Known Member
7 February 2018
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I have a Civil trial coming up in December 2019 regarding a boundary retaining wall dispute and I am self-represented.
ON the issue of admissable evidence, is an email from a public servant ( stating the departments' position ) admissable without further ado?
Or, does such an email only become admissable if a government representative is summonsed to appear as a witness?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Written communication, including emails, are generally acceptable on their own, but it will only be evidence of what is stated in the email. It won’t allow anything further such as intention or possibly even context - unless you can produce other emails in a chain of communication and draw a reasonable inference from that ‘conversation’.
 
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Scruff

Well-Known Member
25 July 2018
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You won't get a more comprehensive answer than that. Excellent stuff Rob - as usual.
 
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SP3

Well-Known Member
7 February 2018
29
0
121
Written communication, including emails, are generally acceptable on their own, but it will only be evidence of what is stated in the email. It won’t allow anything further such as intention or possibly even context - unless you can produce other emails in a chain of communication and draw a reasonable inference from that ‘conversation’.
Thanks for that.