![]() “Thus a jury note or letter will, save in exceptional circumstances, always be looked at by the trial judge and, if there is an appeal, by the Court of Appeal (the legal expression is de bene esse-i e for what it is worth) its existence and character will normally be disclosed to the parties’ counsel and submissions as to its significance, and/or responded to, be invited. I decided to read them de bene esse and consider in my judgment whether to admit them in evidence.”Īnother illustration may be found in the judgment of Lord Hobhouse of Woodborough in R v Mirza UKHL 2 1 AC 1118, para 146: The testimony of any witness may be taken in any civil cause depending in a district court by deposition de bene esse, when the witness lives at a greater. testimony are made, the courts have held that a motion must be made for a ruling. Mr Jourdan objected to my admitting the further documents in evidence, on the basis that they were being sought to be introduced far too late. The Board further argues that its general policy is to deny all requests for depositions, except depositions de bene esse to preserve testimony of witnesses. While this type of deposition is taken for poten-tial use at trial, it is not part of the trial itself, until so used. The documents were e-mail exchanges between Société Générale Private Banking (Bahamas) Ltd, Mr Mikailian and Ms McNeil dated between 24 and 29 June 2015, with attached documents. or is ancient, or very infirm, the deposition of such person may be taken de bene esse, before any justice or judge of any of the courts of the United States, or before any chancellor, justice, or judge of. At the start of the next day of the hearing, Mr Johnson asked me to look at a further clip of documents on the basis of which he wished to amend his initial answer and provide a fuller and more accurate answer. A deposition occurs when lawyers take the sworn testimony of a witness prior to a trial that is held out of court with no judge present. This is usually done either to ensure relevant evidence is not lost or overlooked, or for the purpose of assessing its relevance, value or admissibility in the first place.īy way of illustration, the expression has been emphasised in the following quotation from the judgment of Fancourt J in Aldford House Freehold Ltd v Grosvenor (Mayfair) Estate EWHC 3430 (Ch), para 70: ![]() Evidence admitted “de bene esse” is done so on a provisional basis, without determining its admissibility. (2) The deposition of a person called as a witness may also be used as substantive evidence by any party adverse to the party who called the deponent as a. Latin phrase, roughly translating as “for what it’s worth”. ![]()
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