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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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Can I ask a potential witness to give a written witness

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Can I ask a potential witness to give a written witness statement before the trial in civil cases?

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Sorry to hear of the issue.

The court will have given directions in the case leading up to the trial.

Unless the court has given directions, you would need permission from the court to adduce witness evidence at the forthcoming trial.

It is normal for the court to have given a date for exchange of witness evidence in the weeks leading up to the trial.

If you want to get any further evidence in after that date for exchange, an application to court is required to ask the court for permission.

To answer your question - yes, you can ask a potential witness to give a written statement but if the directions have already passed for the witness evidence, permission is needed from the court.



I hope this helps

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim


Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question starting off with @JimLawyer.

I look forward to helping you again soon.

Thanks again,

Jim



Customer: replied 3 days ago.
Thank you for your answer. I am a claimant in medical negligence claim. There are two members of staff who discussed my case at a departmental meeting but their evidence has not been provided. Can I ask them to provide a witness statement about what they discussed?

You can ask them yes as there is no property in a witness meaning they don't belong to you or the defendant - they can provide a statement to you if they are willing to do so. It should be in the usual witness statement format and numbered paragraphs such as the attached.

Customer: replied 3 days ago.
But what if they refuse
Customer: replied 3 days ago.
If they refuse to give witness statement can I ask that they answer to written questions

It's up to them to agree to help or not. It's not a criminal case, it's a civil one so they have to be willing.

Customer: replied 3 days ago.
But they information they hold is my medical record and they must disclose

Medical records are relevant to the claim yes and so are disclosable. But you can't force someone to give evidence

Customer: replied 3 days ago.
Ok. Thank you. I will seeks disclosure.

Thanks, ***** ***** can remind them they must disclose relevant records (which include your medical records) and there is a continuing duty of disclosure so they must send you anything as and when they come in to possession

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