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C. I. 97
DISTRICT COURT (AMENDMENT)
RULES, 2016
IN exercise of the power
conferred on the Rules of Court
Committee by article 157(2) of
the Constitution, these Rules
are made this 22nd day 0
September, 2016.
Order 26A inserted
The District Court Rules, 2009
(C.!' 59) are amended by
the insertion
after Order 26 of Order 26A as
follows:
"ORDER 26A
Witness Statement
Requirement to serve witness
statements for use at trial
1. (1) Despite Order 26 rule 1
and without prejudice to Order
26 rule 2, the Court shall where
it orders pleadings to be filed
under Order 18 and on any other
occasion that it considers
appropriate, order witness
statements to be filed.
(2) For the purposes of this
Order, a witness statement is a
written statement signed by a
person who is required to give
evidence in court and contains
the evidence which that person
proposes to give at the trial.
Statement of truth
2. A witness statement shall be
verified by a statement of
truth.
Consequence of failure to serve
witness statement
3. Where a witness statement for
use at the trial is not served
in respect of an intended
witness within the time
specified by the Court, the
intended witness shall not be
called to give evidence unless
the Court grants leave.
Use at trial of witness
statements which have been
served
4. (1) Where a party files a
witness statement, that party
shall, except as otherwise
provided in this rule, rely on
the statement filed as the
evidence of the witness who made
the statement and the witness
may be cross-examined on the
statement.
(2) Despite subrule (1), the
Court may at the request of the
party or lawyer of the party who
filed the witness statement
permit the witness whose
statement was filed to be called
to give oral evidence but the
oral .evidence shall except as
otherwise provided in subrule
(3), be restricted to the
matters contained in that
statement.
(3) A witness giving oral
evidence at a trial may with the
permission
of the Court give evidence in
relation to any new matter which
has arisen
since the witness statement was
served on the other parties.
(4) The Court will grant leave
under subrule (3) only if it
considers that there is good
reason not to confine the
evidence of the witness to the
witness statement of that
witness.
Use of witness statement for
other purposes
(1) Except as provided by this
rule, a witness statement may be
used only for the purposes of
the proceedings in which the
witness statement is served.
(2) Subrule (1) does not apply
if and to the extent that,
(a)
the witness gives consent in
writing for some other use of
the witness. statement;
(b)
the Court grants leave for some
other use; or
(c)
the witness 'statement has been
put in evidence at a hearing
held in public.".
The Hon. Mrs. Georgina Wood
Chief Justice
The Hon. Mrs. Marietta Brew
Appiah-Opong
Attorney-General and Minister
for Justice
The Hon. Mrs. Sophia OA.
Adinyira
Justice of Supreme Court
Ms. Joyce N. N. Oku
Ag. Editor, Council for Law
Reporting
The Hon. Mrs. Elizabeth Ankumah
Justice of the High Court
Brig Gen. Edward Fiawoo
Armed Forces Burma Camp,
Accra
Vincent Kizito Beyuo, Esqr.
Ghana Bar Association
Ms. Mellisa Amarteifio
Ghana Bar Association
Date of Gazette
notification: 12th October,
2016.
Entry into force: 5th January,
2017.
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