K15. Witness statements
| 469. |
It is now standard practice for the parties to
be required to exchange witness statements. These are "written statements of the oral
evidence which the party intends to adduce on any issues of fact to be decided at the
trial." (Note 418) It is also standard practice, unless the court otherwise orders, for such
statements to stand as the witness's evidence in chief. (Note 419) |
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| 470. |
There is no doubt that in principle, the
practice of exchanging witness statements is desirable. |
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| 470.1 |
Order 38A r 2A itself states the objectives of
such exchange as follows :- |
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"The powers of the
Court under this rule shall be exercised for the purpose of disposing fairly and
expeditiously of the cause or matter before it, and saving costs, having regard to all the
circumstances of the case......" (Note 420) |
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| 470.2 |
Lord Woolf explains :- |
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"It was considered
that the exchange of statements in accordance with the rule would avoid the element of
surprise at the trial, that it would promote fair settlement and assist in the
identification of issues, and in this way reduce the length of trials." (Note 421) |
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| 470.3 |
This is a view that Lord Woolf endorses :- |
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"I firmly endorse
the practice of requiring the exchange of witness statements. They ensure that the parties
are fully aware before the trial of the strengths and weaknesses of the case which they
have to meet. The sooner a party is aware of this, the more likely it is that the outcome
of the dispute will be a just one, whether it is settled or tried. In many situations, the
exchange of witness statements will obviate the need to develop pleadings or to seek to
administer interrogatories. Exchange of statements should help to achieve settlements well
before trial......" (Note
422) |
Notes
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