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A Practical Approach to Effective Litigation

A Practical Approach to Effective Litigation (8th edn)

Susan Blake
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date: 03 October 2022

20. Witness Statementslocked

20. Witness Statementslocked

  • Susan BlakeSusan BlakeDirector of Studies and Associate Dean, Inns of Court School of Law

Abstract

This chapter deals with witness statements. The importance of witness evidence is a historic premise of civil litigation and it remains the case, save only that evidence in chief is now provided through a witness statement unless the court orders otherwise. The fact that the majority of cases settle well before trial provides some complexity as regards how the evidence of a potential witness is handled. The first stage will be to take informal statements. The second stage, where appropriate, is that what a potential witness says may be put into the form of a formal witness statement. The chapter discusses formal requirements for witness statements; drafting a witness statement; drafting an affidavit; exchange of witness statements; and reviewing witness statements.

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