ARCHIVED: This archived Practice Note identifies issues to consider when preparing to interview a witness of fact with a view to preparing a witness statement for use in civil proceedings. It takes into account the requirements for the preparation of trial witness statements in the Business and Property Courts under CPR PD 57AC and, in this connection, it looks at refreshing a witness’ memory by, for example, providing documents ahead of meeting the witness. It also identifies the documents you will need and what you should consider if they might be in the possession of the witness. Finally, practical tips are offered for the statement taker. It is not maintained and is for background information only.

This Practice Note should be read in conjunction with Practice Notes:

1. •

   Witnesses—interviewing which covers, among other things, interviewing another party's witness and a witness' duty of Confidentiality before trial

2. •

   How do I respond to a problematic witnesses? which covers, among other things: witnesses who may be reluctant, forgetful, non-English speaking or unavailable, paying witnesses, witness summaries,