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Witnesses in Small Claims Court?

4 replies

OpalWhiteley · 03/10/2021 08:07

Hi all,

I am representing myself in small claims court in England at the end of this month. I am the claimant.

In my documents bundle had intended to include Witness Statements from several people that back up my case.

If I do this, would these people also need to attend the hearing?

OP posts:
EatSprayGlove · 03/10/2021 08:13

Yes they do unless you have served a notice to not call them or the matter is being heard on the papers alone. The Directions order is where you need to look for guidance. If at all unsure call the court and you might want to think about witness expenses.

OpalWhiteley · 03/10/2021 08:33

Thanks for your reply EatSprayGlove. The Directions Order just stated that the parties had agreed to engage in mediation and that I should inform the court if an agreement wasn't reached (it wasn't and I did). I then received a Notice of Small Claims Hearing (attended) that was I should attend in person. It doesn't say anything about witnesses.

OP posts:
EatSprayGlove · 03/10/2021 15:43

Ok so attended just means in person so you will need to bring your witnesses. Is there not a direction on the notice of hearing saying when statements/evidence is to be exchanged? It's usually 21 days before trial but I can't point to if that's the CPR rule as I've not done small claims for ages. If you don't want witnesses to attend a civil evidence act notice is needed so statements can be read.

OpalWhiteley · 03/10/2021 19:36

@EatSprayGlove Evidence needs to be exchanged 2 weeks before the hearing. Is there something I can do that will allow me to include their statements if they can't attend in person? You mentioned a notice?

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