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How do I summon witnesses from the Defendant's side?

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  • How do I summon witnesses from the Defendant's side?

    Hello LB members! I was wondering if you could help me please, this is a question I have asked before but I'm still not clear on process and protocol for calling witnesses from the Defendant's side. I was directed to: http://www.justice.gov.uk/courts/pro...rules/part34#I This link takes me to the Court's Procedure Rules which in turn mentions form N20. But when I look at the form N20, it seems it is the actual Summons document rather than an application form to be completed and submitted into Court. So I'm lost as to what to do. I would be grateful for some guidance please as the hearing dates for my case as the claimant should be announced by the Court soon. I hope you can help. With many thanks. I would be grateful for your help. Mack65
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  • #2
    Form N20 is correct, what more do you want to know? You shoud also read the relevant Practice Direction which I assume is where you found out about Form N20.
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    • #3
      I seem to have inadvertently irritated you Rob, I am sorry - please accept my apologies.*

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      • #4
        Hello LB colleagues.* I hope you can help me with the following questions please.
        (i) In completing form N244, can I request more than one Order in the same N244 form?* For example (a) I wish to seek an Order to summons two witnesses and (b) an Order for the Defendant to disclose the Allocation Questionnaire as she has not sent one to me despite polite requests.
        I hope you can help.




        *

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        • #5
          Sorry, but Rob is right, the N20 form is what you need https://assets.publishing.service.go...17/n20-eng.pdf

          You face wasted costs if you proceed with an application, it isnt the correct way forward, and also if you need the DQ the Court should be able to send you this.
          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Pt@roachpittis.co.uk .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

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          • #6
            Originally posted by pt2537 View Post
            Sorry, but Rob is right, the N20 form is what you need https://assets.publishing.service.go...17/n20-eng.pdf

            You face wasted costs if you proceed with an application, it isn't the correct way forward, and also if you need the DQ the Court should be able to send you this.
            Thank you very much PT2537.* A recently received a 'Notice of Allocation to the Small Claims Track' which says the following about witnesses: "Witness statements shall be included in the documents served and filed.* This includes the evidence of the parties themselves, and any other person whose evidence is to be relied upon, whether or not it is intended to call them at the hearing".

            The Defendant has implicated her siblings in her defence. I have the idea of calling the Defendant's siblings so that I can have the opportunity to defend and nullify the Defendant's allegations.* But to do so, the case management protocol requires me to provide the Court with witness statements of those witnesses I intend to call in evidence.* Without such witness statement, the Court will not allow me to call the witnesses.*

            -* How can I get round this problem please or what can I do to compel the Defendant's siblings to attend Court?

            I would be grateful for any steer or ideas please.*
            *

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