In court, does the Witness Statement have to be given by the person on the WS?

[saccadic]

Hello,

Just going through the CPR, but looks like the person who has produced the WS is not attending court and an advocate is replacing them.

Does the WS have to be given by the person who is named on the WS?

Any help appreciated.

[atticus]

Does CPR Part 33 help, particularly rule 33.2?

https://www.justice.gov.uk/courts/pr...es/part33#33.2

[saccadic]

Hi Atticus,

Thanks for your reply.

I had a look under 33 but could not find anything. I thought maybe 32 would have covered it but I can't find anything:

https://www.justice.gov.uk/courts/pr...es/part32#32.8

For further detail, this is in the small claims court. All WS have been served and all up to date but the person who is named on the WS is now not turning up and someone else is representing.

I'll keep looking...

[atticus]

if the person whose statement has been served is not going to be there to give evidence, then you may ask the judge to exclude that person's evidence.

[saccadic]

if the person whose statement has been served is not going to be there to give evidence, then you may ask the judge to exclude that person's evidence.

This is what I'm after, is there a particular CPR or anything I can quote?

[atticus]

edit - 33.2 does not apply to small claims track cases.

As it's small claims track, the strict rules of evidence do not apply: CPR 27.2.

[saccadic]

edit - 33.2 does not apply to small claims track cases.

As it's small claims track, the strict rules of evidence do not apply: CPR 27.2.

So, I'm unable to ask them to exclude their evidence?

[atticus]

You may ask. You may get, you may not. Read CPR27 and Practice Direction 27.

[saccadic]

Thank you very much for your help.

[efpom]

A WS is the witness's evidence in chief - Historically, it was given orally. These days its in writing. If the witness is not available for cross examination of his/her evidence in chief, the WS is admissible but the weight given to his/her evidence is likely to be less. An advocate, acting as an advocate, cannot give any witness testimony.

[saccadic]

A WS is the witness's evidence in chief - Historically, it was given orally. These days its in writing. If the witness is not available for cross examination of his/her evidence in chief, the WS is admissible but the weight given to his/her evidence is likely to be less. An advocate, acting as an advocate, cannot give any witness testimony.

Thanks for your reply.

Would the advocate be allowed to answer question related to the WS?

[efpom]

To answer your question - no, if the question comes from you.

The protocol is that you address the court. You do not address the advocate. However, if I was in your shoes, I would point out to the court that as the witness is not present you are prevented from asking the witness any questions. I would also prepare a list of questions you wanted to ask - 3 copies and hand that up to the judge and pass a copy to the advocate.

[saccadic]

To answer your question - no, if the question comes from you.

The protocol is that you address the court. You do not address the advocate. However, if I was in your shoes, I would point out to the court that as the witness is not present you are prevented from asking the witness any questions. I would also prepare a list of questions you wanted to ask - 3 copies and hand that up to the judge and pass a copy to the advocate.

It's a remote hearing and due in ten minutes. Let's see what happens...

[efpom]

Do let us know how it went.

[saccadic]

Do let us know how it went.

Hi, I mentioned that the witness was not present, asked to exclude his statement and that I was not able to ask question related to the WS.

The judge acknowledge the fact, said he was able to let the advocate continue if he wished, but took the lead to focus on the main point of the case to speed things up. The judge was balanced and pretty good to be honest.

Thanks for all the input and just noticed that I registered in 2014! This forum has helped me amazingly over the years; donating now...

=)