Civil court case question - witness statements
Discussion
Hopefully a straightforward question for a solicitor/barrister.
I am involved in a court case.
We had a deadline to exchange statements. We have done.
The other side have raised a couple of unexpected points which I would like to address by submitting a 2nd witness statement. There has also been additional disclosure which I would like to produce an an exhibit.
It is the kind of thing I would rather put down on paper as opposed to trying to bring it out during cross examination at court.
Question is, am I allowed to?
I can understand why the court might be reluctant to allow this as you could get people continually submitting new statements, but I cannot find a definitive answer in the CPR.
I am involved in a court case.
We had a deadline to exchange statements. We have done.
The other side have raised a couple of unexpected points which I would like to address by submitting a 2nd witness statement. There has also been additional disclosure which I would like to produce an an exhibit.
It is the kind of thing I would rather put down on paper as opposed to trying to bring it out during cross examination at court.
Question is, am I allowed to?
I can understand why the court might be reluctant to allow this as you could get people continually submitting new statements, but I cannot find a definitive answer in the CPR.
You could start by writing to your opponent and setting out your reply in correspondence. You could enclose your further statement verified by a statement of truth. They will tell you that you are too late, but they are likely to read it and it might make them appreciate their litigation risk more (unless they feel they can easily counter any points you advance!).
To rely on a further statement, you will need to submit an Application Notice (N244) to the relevant Court and seek permission of the Court to rely on further evidence. Fees set out in EX50, but typically an application without notice will require a fee of £255. A copy of your unsealed application should be sent to your opponent at the same time, and you can then serve the "sealed" copy once received from the Court, unless the Court serves it for you.
The form itself should be self explanatory, but you'll need to say how the Court should deal with the application. You should realistically only ask for "without a hearing" if your opponent agrees to your proposal.
It is possible to ask for your application to be listed at the start of the final hearing, i.e. A preliminary issue to be determined. You might consider this too late, but tactically your opponent will know there is a chance you will get permission on the day and, as above, you will have provided your opponent with the statement already, so they will know what you are wishing to say.
HTH.
To rely on a further statement, you will need to submit an Application Notice (N244) to the relevant Court and seek permission of the Court to rely on further evidence. Fees set out in EX50, but typically an application without notice will require a fee of £255. A copy of your unsealed application should be sent to your opponent at the same time, and you can then serve the "sealed" copy once received from the Court, unless the Court serves it for you.
The form itself should be self explanatory, but you'll need to say how the Court should deal with the application. You should realistically only ask for "without a hearing" if your opponent agrees to your proposal.
It is possible to ask for your application to be listed at the start of the final hearing, i.e. A preliminary issue to be determined. You might consider this too late, but tactically your opponent will know there is a chance you will get permission on the day and, as above, you will have provided your opponent with the statement already, so they will know what you are wishing to say.
HTH.
Basically during the course of their witness statement they have made comments which would assist me (which I was not expecting). As a result I asked for further disclosure and I would like to produce this as a new statement.
Sounds like a faff putting a new statement in and the PTSH is on 7 March so not much time.
If I represent myself I can obviously ask them questions about the disclosure but can I actually produce it if it is not part of a statement?
Also if I represent myself if I want to expand on my statement do I make a speech because obviously I cannot cross exam myself as far as I am aware.
I am self representing although I did have a barrister assist me with one of the court hearings I am not in a position at the moment to hire him again.
Sounds like a faff putting a new statement in and the PTSH is on 7 March so not much time.
If I represent myself I can obviously ask them questions about the disclosure but can I actually produce it if it is not part of a statement?
Also if I represent myself if I want to expand on my statement do I make a speech because obviously I cannot cross exam myself as far as I am aware.
I am self representing although I did have a barrister assist me with one of the court hearings I am not in a position at the moment to hire him again.
Mojooo said:
Hopefully a straightforward question for a solicitor/barrister.
I am involved in a court case.
We had a deadline to exchange statements. We have done.
The other side have raised a couple of unexpected points which I would like to address by submitting a 2nd witness statement. There has also been additional disclosure which I would like to produce an an exhibit.
It is the kind of thing I would rather put down on paper as opposed to trying to bring it out during cross examination at court.
Question is, am I allowed to?
I can understand why the court might be reluctant to allow this as you could get people continually submitting new statements, but I cannot find a definitive answer in the CPR.
In criminal cases, should additional evidence come to light which affects the original expert witness statement, the witness is allowed to make an additional statement or perhaps update the original, I'm not 100% sure which. I can see no reason why you shouldn't be allowed to address the additional disclosure in a civil trial, but IANAL. I am involved in a court case.
We had a deadline to exchange statements. We have done.
The other side have raised a couple of unexpected points which I would like to address by submitting a 2nd witness statement. There has also been additional disclosure which I would like to produce an an exhibit.
It is the kind of thing I would rather put down on paper as opposed to trying to bring it out during cross examination at court.
Question is, am I allowed to?
I can understand why the court might be reluctant to allow this as you could get people continually submitting new statements, but I cannot find a definitive answer in the CPR.
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