New Evidence Before Small Claims Hearing

[RVS6]

Hi
I have very recently submitted evidence for a small claims hearing, and have today received the other party's evidence which is a single witness statement. It was a minor road traffic accident 3.5 years ago. In reviewing their witness statement I have gone back through some photos and now realise I have a photo that disproves what they are saying, you can see see that date and exact time it was taken.

My query is whether or not there is any mechanism for issuing this to the court (and other party) as new evidence before the hearing (clearly introducing it at the hearing would be rather underhand)? It seems fair to me that you would be able to do this but I appreciate there are procedures to follow so it may not be possible. I am just wishing I realised I had this photo when I prepared my witness statement!

Any comments would be much appreciate.

Many thanks

RVS6

[Pezza54]

Please read the article at http://www.foxwilliams.com/2013/05/1...ss-statements/

You could file a supplemental witness statement before the trial or wait for the trial and challenge the witness statement

[RVS6]

Hi, thanks for the reply. The problem is that the deadline for submission was today at 4pm and the hearing is now just 14 days away. Am I now not time barred?
I guess the barrister can try and argue the point on th day, but the judge may not allow them to raise the photo as evidence at that stage

[atticus]

Get it in now.

[Pezza54]

On the small claims track the judge controls the evidence
If this photo is as important as you say it it is and disproves the defendant's defence and witness statement, the judge is unlikely to bar the photo because it was filed after the deadline

Don't forget to include a short supplementary witness statement regarding the photo and ending with a signed statement of truth, and serve it on the defendant