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Legal matters

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Late service of witness statement

7 replies

samanthamplified · 14/02/2018 15:04

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

OP posts:
Familylawsolicitor · 14/02/2018 15:32

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samanthamplified · 14/02/2018 15:39

Costs hearing

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

OP posts:
samanthamplified · 14/02/2018 15:54

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

What else could happen?

OP posts:
Lawyermama1987 · 14/02/2018 18:04

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 · 14/02/2018 18:27

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samanthamplified · 14/02/2018 22:04

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)

OP posts:
Familylawsolicitor · 15/02/2018 17:09

This reply has been deleted

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