#14722 - Witness Statements - Civil Litigation

Use of Witness Statements

Witness statements contain the evidence to be given by the witness orally at trial (CPR 32.4) and will be the evidence in chief (CPR 32.5(2)). This can be used as evidence even if the witness ides and will be treated as hearsay evidence (CPR 32.5(1)).

Witness summaries can be made if the witness statement has not yet been given (CPR 32.9).

Witness statement should be served and exchanged pursuant to CPR 32.4, if parties cannot exchange on time a further 28 days can be applied for under CPR 3.8(4).

Procedure for Extension of Time

Issue the application notice, evidence and draft order;

Applicant serves witness statement on the respondent 3 days before the hearing (CPR 23.7(1)(b));

Respondent serves on the applicant their response as soon as practicable (23A PD 9.4);

Applicant serves on the respondent a reply as soon as practicable (23A PD 9.5);

Both parties file and serve statement of costs (i.e. the costs in preparing and attending the interim hearing) 24 hours before the hearing (44 PD 9.5(4)(b));

Use CPR 2.8 to count time in clear days - not including the date of filing/issue/service and not including the date of the hearing. Include weekends unless the time is under 5 days.

Professional Conduct Issues

All witness and experts should be warned that submitting a false witness statement would place them in contempt of court (CPR 32.14).

A solicitor should not mislead the court (O(5.1))...