Q&As

Where a witness summary under the Civil Evidence Act 1995 (Notice of Intention to reply on hearsay evidence CPR 33.2) has been served, but the witness has now produced a witness statement, does the party have to apply for permission from the court to rely on it?

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Published on LexisPSL on 02/08/2019

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

  • Where a witness summary under the Civil Evidence Act 1995 (Notice of Intention to reply on hearsay evidence CPR 33.2) has been served, but the witness has now produced a witness statement, does the party have to apply for permission from the court to rely on it?

Where a witness summary under the Civil Evidence Act 1995 (Notice of Intention to reply on hearsay evidence CPR 33.2) has been served, but the witness has now produced a witness statement, does the party have to apply for permission from the court to rely on it?

Typically, a witness summary is used where a party is required, but unable, to serve a witness statement for use at trial. In particular, CPR 32.9 provides:

‘1) A party who –

(a) is required to serve a witness statement for use at trial; but

(b) is unable to obtain one, may apply, without notice, for permission to serve a witness summary

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