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GLOSSARY

Witness summons definition

What does Witness summons mean?

A document served on a witness requiring him or her to attend court to give evidence or produce documents to the court.

A summons can be issued to compel a witness to attend court: when a witness is reluctant to appear; where a witness needs to satisfy an employer why they need time off work; where a witness feels their relationship with a party will be compromised if they give evidence without being compelled; or to ensure a busy expert witness will be available to give evidence at trial.

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Probate claim procedure—table

Probate claim procedure—table This table provides an outline of the procedure where there is a probate claim. For further guidance, see: Practice and procedure—contentious trusts and estates—overview and Probate actions (probate claims)—overview. Action CPR Issue of claim form If Claimant is a child or protected party follow CPR Part 21 in relation to appointment of litigation friend. CPR 21.1–CPR 21.6 Claimant prepares claim form (Form N2), with a copy for filing and further copies for service on each Defendant. CPR 7.2, CPR 57.3 Claim form must contain a statement of the nature of the interest of Claimant and of each Defendant in the estate of the deceased to which the claim relates. CPR 57.7(1) Particulars of claim may be contained in claim form (or served separately (see below)). CPR 7.4(1)(a) If the proposed claim is for revocation of grant: Every person who is entitled or claims to be entitled to administer the estate of the deceased under an unrevoked grant of probate of the Will or letters...

Disclosure under CPR 31—pre-action considerations—checklist

Disclosure under CPR 31—pre-action considerations—checklist This Checklist identifies some aspects of CPR 31 to consider before proceedings have started such as the extent of a party’s likely disclosure obligations and data protection considerations. It provides guidance to help in conducting and managing the disclosure exercise effectively. Scoping note: • this Checklist is intended to provide a starting point for considering disclosure issues before proceedings have been issued • the timing of various actions below are only suggestions. It may be sensible to consider our other disclosure content and checklists with regard to the particular circumstances of your case • this Checklist does not refer to a party’s disclosure obligations for a claim proceeding in the Business and Property Courts and subject to the special disclosure scheme in use in such courts: see Disclosure scheme—overview This Checklist provides guidance on the interpretation and application of the relevant provisions of the court rules. Depending on the court in which your matter is proceeding, you may also need to consider other provisions—see: Court...

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UK design infringement action—flowchart

UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Precedent • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before...

UK trade mark infringement action—flowchart

UK trade mark infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Trade mark infringement—UK • Trade mark offences • Trade mark and passing off disputes—a practical guide • Trade mark infringement and interim injunctions • How to run an IP dispute • Privilege and intellectual property • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before action—Practice Notes • Trade mark infringement—UK • Trade mark and passing off disputes—a practical guide • Unjustified threats of intellectual property right infringement • How to draft a letter of claim in an IP dispute Letter alleging trade mark infringement—Precedent • Letter of claim—trade mark infringement Stage 3—commencing proceedings Commencing...

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Witness summons

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, additional provisions may apply—see further in the section: Court specific guidance.Where a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a witness summons. This Practice Note provides guidance on what a witness summons is, the circumstances in which you may use one, whether the court’s permission is required and how to make an application for a witness summons. It explains how to serve the witness summons, together with what to do if a witness does not comply with a summons, conduct money and paying summoned witnesses.What is a witness summons?A witness summons is a document issued by the court under CPR 34.2 compelling a witness to:•attend court to give evidence on the date fixed for a hearing or a court directed date (CPR 34.2(1)(a) and CPR PD 34A, para 1.1),...

Difficulties when interviewing witnesses

This Practice Note identifies difficulties which may arise when interviewing or taking statements from potential witnesses. Examples include reluctant or forgetful witnesses, whether you can make any payments to witnesses and how to deal with a non-English speaking witness. Use of depositions for absent witnesses and payments of deponents are explored together with the use of witness summaries. Guidance is offered on the form, format and service of witness summaries and the consequences under Rule 32.10 for failing to serve a witness summary within the time period specified by the court.This Practice Note does not address the issue of vulnerable witnesses—for further guidance, see Practice Note: Planning witness evidence and choosing witnesses—Vulnerable witnesses.This Practice Note does not consider the requirements for the preparation of trial witness statements in the Business and Property Courts which are governed by CPR PD 57AD for which see Practice Note: Trial witness statements in the Business and Property Courts under CPR PD 57AC. See also Court specific guidance below.Reluctant or forgetful witnessesYou may find that...

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Application—attendance of witness and production of documents

Application—attendance of witness and production of documents [Insert date] [Insert] Employment Tribunal [Insert address] To the [insert] Employment Tribunal [Insert name of case, eg X v Y] Claim Number: [insert claim number] Rule 34—Application for a witness to attend hearing[ and produce documents] We act for the [Claimant OR Respondent] in the above case. We apply to the tribunal under rules 30 and 34 of the Employment Tribunal Procedure Rules 2024, SI 2024/1155 for an order that [insert name] of [insert address] be required to attend the tribunal at [insert address] on [insert date] to give evidence[, and to produce the following documents: [specify]]. We have

Litigation, advocacy and ADR policy

Litigation, advocacy and ADR policy 1 Introduction 1.1 This document sets out our policy for dealing with litigation and advocacy before any court or tribunal and any form of alternative dispute resolution (ADR). It reflects duties imposed on us by the court and the Solicitors Regulation Authority (SRA) as well as general professional duties. 1.2 Failure to comply with these duties can have serious consequences: 1.2.1 the firm or a member of staff could be in contempt of court, which is ultimately punishable by a fine or even imprisonment; 1.2.2 our reputation could be damaged; 1.2.3 the firm or individuals within the firm could be disciplined by the SRA or another regulator, which could lead to fines, disqualification or other sanctions; 1.2.4 we may receive a formal complaint from our client or another party. 1.3 We have always taken our duties to the court seriously and we will continue to do so. 2 Scope of this policy 2.1 This policy covers: 2.1.1 litigation and advocacy before...

Dive into our 2 Precedents related to Witness summons

Where a company commences a prosecution, what authority would an individual officer need in order to commence those proceedings? Is anyone within a company empowered to do so, or would they require specific delegated authority? If the company is a statutory undertaker, are there additional concerns?

Where a company commences a prosecution, what authority would an individual officer need in order to commence those proceedings? Is anyone within a company empowered to do so, or would they require specific delegated authority? If the company is a statutory undertaker, are there additional concerns? Authority to bring a private prosecution Section 6(1) of the Prosecution of Offences Act 1985 (POA 1985) The right to institute proceedings and conduct a private prosecution is provided by POA 1985, s 6(1). A private prosecution can be commenced by a private individual, company or organisation who is not acting on behalf of the police, CPS or any other public prosecuting authority. Please note that there are certain offences which require the consent of the Attorney General or Director of Public Prosecutions (DPP) to prosecute. POA 1985, s 6(2) Pursuant to POA 1985, s 6(2), the DPP may take over a private prosecution at any time for the purpose of continuing the prosecution or discontinuing it. Who can commence a...

In financial remedy proceedings where it is believed that the parties’ adult children may hold financial documentation, belonging to one parent but held on behalf of the other parent, how can the parent to whom the documentation belongs compel the children to disclose the information to them and the court?

In financial remedy proceedings where it is believed that the parties’ adult children may hold financial documentation, belonging to one parent but held on behalf of the other parent, how can the parent to whom the documentation belongs compel the children to disclose the information to them and the court? At the request of the party who seeks the disclosure, the court may issue a witness summons requiring a witness to attend court to give evidence or to produce documents to the court (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 24.2(1)). Permission is not required for a witness summons unless the summons is issued fewer than seven days before the final hearing, or the witness is to attend court on a date other than the date set for the final hearing, or the summons is issued for a witness to attend court at a hearing which is not the final hearing. See Practice Note: Witness evidence in family proceedings, in particular the section: Witness summons. The...

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Personal Injury weekly highlights—27 February 2020

This week's edition of Personal Injury weekly highlights includes the 114th and 115th updates to the Civil Procedure Rules Practice Directions (CPR PD), which relate to the online civil money claims pilot and the video hearings pilot scheme, and the publication by the Civil Justice Council of its final report, entitled ‘Vulnerable Witnesses and Parties Report', setting out 18 recommendations to enhance the experiences of vulnerable witnesses in civil courts. We also include details of our new PI & Clinical Negligence horizon scanner for 2020 and beyond, which is a summary of the key legal developments that are expected to impact personal injury and clinical negligence practitioners during 2020 and beyond. We have our usual round-up of other key cases and news as well as webinar dates for your diaries, recently published Q&As and New Law Journal articles of interest.

New and revised court forms—witness summons and enforcement agents

Dispute Resolution analysis: The CPR Committee has advised of the release of new and revised court forms on 13 July 2017, effective immediately. The new forms are PF120A and PF120B relating to witness summonses. The revised form is EAC1, being the application for a certificate to act as an enforcement agent.

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