The role of witness summaries in civil proceedings
Evidence in civil court proceedings can take different forms, such as documentation, expert evidence and witnesses of fact.
Witnesses of fact form a crucial part of evidencing your legal position at trial. However, circumstances can mean that obtaining witness evidence from third parties can be difficult and may not always be possible. If you find yourself in such a situation, and you are not able to obtain a witness statement from a witness of fact then you may be able to serve a witness summary in its place.
It is not an automatic right and so permission of the court will be needed. You would need to make an application under CPR Rule 32.9 and this application can be made without notice to the other parties. A witness summary is defined in CPR Rule 32.9 (2)(a) and (b) as a summary of:
(a) the evidence, if known, which would otherwise be included in a witness statement; or
(b) if the evidence is not known, the matters about which the party serving the witness summary proposes to question the witness.
The CPR also requires:
· The witness summary to include the name and address of the intended witness;
· The witness summary to be served within the same time period as you would have served a witness statement; and
· With regard to the form of a witness summary, those requirements that are set out within CPR rule 32.8 should also be applied to a witness summary, where it is practicable to do so.
It is important to keep a careful eye on the rules and any orders from the court because if a witness summary is not served within the time specified by the court then you would need the court’s permission to call such witness to give oral evidence at the trial.
Should you require any assistance in relation to proceedings you are involved in, please contact our commercial litigation team here.