Q&As

What is the procedure for a witness adopting the contents of an initial witness statement if they are unable to attend trial to give oral evidence?

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Published by a LexisNexis Dispute Resolution expert

Published on: 21 December 2018

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Where a person gives evidence by way of witness statement rather than attending trial to give evidence orally (thereby depriving the other parties of cross-examining them on their evidence), this will constitute hearsay evidence.

A party wishing to rely on hearsay evidence in proceedings is required to give notice of that intention to the other parties (see section 2(1) of the Civil Evidence Act 1995 and CPR 33.2).

Where the hearsay evidence is in a witness statement and the witness will not be called to give oral evidence, there is a requirement to give informal notice. A

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United Kingdom

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