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Late service of witness statement

(8 Posts)
samanthamplified Wed 14-Feb-18 15:04:09

Hello,

I'm going to serve a witness statement on the opposing solicitors 1 day before the hearing - they are complaining this is too late and will ask the Court to do something.

My evidence is in the Exhibit with the WS - so I need it to be considered

The opposing solicitor's WS was only served 4 days before the hearing

What will the Court do to me?

The notice of hearing gave no directions about a WS or deadline

Thanks

Familylawsolicitor Wed 14-Feb-18 15:32:40

What kind of hearing is it?
No directions for anyone to file statements at all?

samanthamplified Wed 14-Feb-18 15:39:26

Costs hearing

No, all I received was a notice of a hearing for 30 mins - no other directions on there

samanthamplified Wed 14-Feb-18 15:54:07

I'm scared of having my WS thrown out - is this possible?

What else could happen?

Lawyermama1987 Wed 14-Feb-18 18:04:29

You’re better off doing it late than never and when you get to the hearing you can explain why it’s late etc to the judge. Then it’s up to him or her. If you’ve not got your own solicitor acting for you, the court may be more lenient with late filing/serving. Good luck with the hearing.

Familylawsolicitor Wed 14-Feb-18 18:27:16

The hearing may be postponed and you pay the other side's costs if you have been at fault in filing late. If you had breached an order to file your statement by a certain date and were very late then the worst is generally paying the other side's costs of a hearing that is not effective. But you say there was no order to file by any date. It seems they don't have much cause to complain when you had only had their statement 3 days earlier. Were you replying to their statement or could you have filed your position earlier?

It might be that under general cost rules you should have filed by a certain date - but if that's the case in mitigation as a litigant in person you could say you weren't aware and the other side's solicitors didn't make you aware (if that's the case).

samanthamplified Wed 14-Feb-18 22:04:03

Sorry my mistake - the Notice of Hearing says:

"no later than 7 days before the hearing"

So I am in breach of this order, but so is the opposing solicitor.

Is it worth me emailing the Judge before the hearing and explaining why I was late? Or could this backfire?

I'm very nervous because so many things have gone wrong because of things like this (my fault I know)

Familylawsolicitor Thu 15-Feb-18 17:09:28

When is the hearing? Why are you saying you will serve one day before? Can't you serve it asap?
Just serve it and apologise and explain which is all you can do at this juncture

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