“ I have often had occasion to remark about the failure to comply with the CPR so far as witness statements are concerned, as well as the obvious lack of skills of witnesses, and those acting for litigants, in formulating them. HH Judge Oliver-Jones QC ( Smith –v- J&M Morris (Electrical Contractors) Limited. However the following judgment makes salutary reading for all professional litigators. I only have limited experience of dealing with litigants in person. In the comments section to this blog there are several comments on the ability of litigants in person to draft their own witness statements. A SALUTARY JUDGMENT: LITIGANTS IN PERSON CAN BE BETTER AT DRAFTING THAN SOLICITORS I have extracted the section on drafting witness statements below and highlighted the most apposite parts for those responsible for drafting witness statements. This applies to the section on drafting witness statements. It is written by six Circuit Judges so it can be safely assumed that all guidance comes directly from the front line of litigation. It provides useful insights for most litigators and covers most aspects of civil procedure. If the prosecution does not provide it to the defense, it may require a new trial.I have recommended before that litigators read the guidance for litigants in person. This evidence could show the defendant’s innocence. Further, the prosecutor is required to provide the defense with evidence that may hurt his case, called exculpatory evidence. A failure of the prosecutor to do so can expose the prosecutor to fines/sanctions by the court. A prosecutor has a continuing obligation to provide the defendant documents and other information which may reflect upon the case. This process is called discovery, and continues from the time the case begins to the time of trial. Prosecutors must also provide the defendant copies of materials and evidence that the prosecution intends to use at trial. Based on information in the reports and the information from witnesses, the prosecutor determines the facts of the case. These conversations will help the prosecutor decide whom to call as a witness in court.Īnother important part of trial preparation is reading every report written about the case. To avoid surprises at trial and to determine which of the witnesses to call to testify, the prosecutor talks to each witness to find out what they may say during trial. Neighbors, friends, family, and clergy are often used as character witnesses. Character witnesses usually don’t see the crime take place but they can be very helpful in a case because they know the personality of the defendant or victim, or what type of person the defendant or victim was before the crime. A character witness is someone who knew the victim, the defendant, or other people involved in the case.They testify with respect to their specialty area only. An expert witness is a specialist - someone who is educated in a certain area.A lay witness - the most common type - is a person who watched certain events and describes what they saw.In order to testify, witnesses must take an oath to agree or affirm to tell the truth. In court, the witness is called to sit near the judge on the witness stand. What the witness actually says in court is called testimony. A witness is a person who saw or heard the crime take place or may have important information about the crime or the defendant.īoth the defense and the prosecutor can call witnesses to testify or tell what they know about the situation. One of the first steps in preparing for trial is talking to witnesses who could be called to testify in court. Meanwhile, the defense attorney is preparing in the same way. The prosecutor may even practice certain statements they will say during trial. The prosecutor has to become familiar with the facts of the crime, talk to the witnesses, study the evidence, anticipate problems that could arise during trial, and develop a trial strategy. Before a prosecutor begins a trial, there is much work to be done.
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