This Practice Note looks at the process of interviewing witnesses and preparing them to give evidence at trial. It covers ascertaining the salient information you need; the extent to which referring to documents is helpful; taking a witness statement and how to ensure you get a full record of the discussions during the interview. Finally, consideration is given to preparing a witness to give evidence at trial.

Note: This Practice Note provides guidance on the interpretation and application of the CPR but it does not specifically address the requirements and guidance for interviewing a witness when preparing a statement for use at a trial in the Business and Property Courts (see CPR PD 57AC). Also see: Court specific guidance.

Under CPR 32.2(3), the court may give directions (1) identifying or limiting the issues to which factual evidence may be directed, (2) identifying the witnesses who may be called or whose evidence may be read and (3) limiting the length or format of witness statements.

If interviewing a witness:

1. •

   at an early stage eg pre-commencement of proceedings—such