Case management/witness testimony help sought please.

[SuperVillain]

Hi Maketa - I don’t think anyone has answered your question here. 

 

My understanding is that if you can’t serve a witness statement you still need to serve a witness summary and accompany with an application. See Civil Proceure Rule 32:

 

Witness summaries

32.9

(1) A party who –

(a) is required to serve a witness statement for use at trial; but

(b) is unable to obtain one, may apply, without notice, for permission to serve a witness summary instead.

(2) A witness summary is a summary of –

(a) the evidence, if known, which would otherwise be included in a witness statement; or

(b) if the evidence is not known, the matters about which the party serving the witness summary proposes to question the witness.

(3) Unless the court orders otherwise, a witness summary must include the name and address of the intended witness.

(4) Unless the court orders otherwise, a witness summary must be served within the period in which a witness statement would have had to be served.

(5) Where a party serves a witness summary, so far as practicable rules 32.4 (requirement to serve witness statements for use at trial), 32.5(3) (amplifying witness statements), and 32.8 (form of witness statement) shall apply to the summary.

[SuperVillain]

To add, not sure how far away your small claims hearing is (or if it will even take place at all in the current climate) but I would suggest as follows:

 

1. Contact the people you want to get statements from and see if they will do a witness statement. (Bear in mind they may be making statements for the Defendant).

 

2. If they’re not prepared to do a witness statement for you, and they’re not already doing one for the Defendant, then start preparing a witness summary.
 

3. File and serve the witness summary and application for permission to rely when you’re supposed to file the witness statements, together with a witness summons (the N20 court form)