Q&As

Where a trial has been adjourned after it has started, does a party need to issue a new witness summons? The original summons was issued with conduct money. Does a new witness summons, with further conduct money, have to be issued, or is it sufficient to simply notify the witness of the new trial dates and rely on the previous summons and conduct money?

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Published on LexisPSL on 16/08/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Where a trial has been adjourned after it has started, does a party need to issue a new witness summons? The original summons was issued with conduct money. Does a new witness summons, with further conduct money, have to be issued, or is it sufficient to simply notify the witness of the new trial dates and rely on the previous summons and conduct money?

Where a trial has been adjourned after it has started, does a party need to issue a new witness summons? The original summons was issued with conduct money. Does a new witness summons, with further conduct money, have to be issued, or is it sufficient to simply notify the witness of the new trial dates and rely on the previous summons and conduct money?

CPR 34.5(3) provides:

‘(3) A witness summons which is—

(a) served in accordance with this rule; and

(b) requires the witness to attend court to give evidence,

is binding until the conclusion of the hearing at which the attendance of the witness is required.’

[emphasis added]

The

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