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Witness statements and court deadlines

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  • Witness statements and court deadlines

    Morning All.

    I have an on going claim, the judge made an order, that witness statements had to be served on all parties by 4pm, on a specified date, date has gone the other party served 1 relevant witness statement, and 1 that had nothing to do with facts of the case at all, both statements served without a statement of truth, also the main character for the other party didn't file or serve a new witness statement on the specified date.
    They said they would be relying on their statement which was made at the start of the claim, my question is, have they failed to follow the court direction by not submitting what was ordered by the judge, the order was-

    - All parties must serve on each other copies of the signed witness statements of themselves and of all witnesses on whom they intend to rely (if any).

    Have they failed to comply by not submitting a new statement or does them saying they rely on their previous statement comply with the deadline ? what I mean is No witness statement from themselves by the deadline, so their previous statement is with the court so beats the deadline. ?

    Regards TDB
    Tags: None

  • #2
    Do you want them to serve something that does no more than repeat what they have already said in a statement with a statement of truth? Yes, this is acceptable, and not uncommon.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Hi Atticus, many thanks for your reply, I wasn't sure, or why the judge asked for statements to be served again, just have to challenge the 2 served statements which are not verified with a statement of truth, again thanks

      Comment


      • #4
        The form of order described in post #1 is absolutely standard, pretty much invariably made.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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