Preparation for trial - Summoning witnesses

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Overview

Gathering witnesses is a key part of getting ready for trial, ensuring crucial evidence is available. For SQE1 FLK1 candidates, it's important to grasp the legal principles, procedures, and strategies involved in witness summonses. This guide breaks down the key elements of this important pre-trial process.

Legal Context and Framework

In England and Wales, the Civil Procedure Rules (CPR) provide the legal foundation for summoning witnesses, particularly Rule 34.2. This rule empowers courts to mandate witness attendance, setting the guidelines for issuing and serving summonses.

Key Provisions of Rule 34.2

  • Court's Authority: Allows the court to issue a summons compelling a witness to attend.
  • Issuance Criteria: A summons is needed if evidence is essential and a witness may not attend voluntarily.
  • Procedural Points: The court reviews applications to determine if a summons is warranted.

Case Law and Key Judgments

Several important cases have influenced how witness summonses are interpreted:

  • R v. Lewes Crown Court, ex parte Fraser [1995] 1 WLR 383: Highlighted the balance between a fair trial and the impact on witnesses.
  • R v. Southwark Crown Court, ex parte A [2002] EWHC 969 (Admin): Discussed anonymity in criminal cases, stressing its careful use.

Issuing a Witness Summons

Issuing a witness summons involves several important steps:

  1. Completing the Form (N20):

    • Include the witness's name and address
    • Specify trial details
    • List required information

  2. Filing and Fees:

    • Submit the form to the court registry
    • Pay the £50 fee per witness (as of 2023)

  3. Serving the Summons:

    • Usually requires personal service
    • Serve at least seven days before trial
    • Exceptions may allow shorter notice

  4. Witness Compensation:

    • Cover travel and lost earnings
    • Court decides appropriate amounts

Strategic Use of Witness Summonses

Effectively using witness summonses involves careful planning:

Considerations

  • Case Type: The nature of the case affects strategy.
  • Witness Profile: Assess evidence value and willingness to cooperate.
  • Potential Challenges: Address confidentiality and scheduling issues.

Addressing Witness Reluctance

  • Confidentiality: Consider orders to protect sensitive information.
  • Scheduling: Negotiate timing or alternative testimony options.

Case Study: Financial Fraud Trial

In a complicated fraud case, a key witness hesitant due to fear might:

  • Receive a summons
  • Be offered protection
  • Testify anonymously or via video

Handling Non-Compliance and Reluctance

Despite legal obligations, non-compliance can occur:

Addressing Non-Compliance

  • Contempt of Court: Penalties for failing to appear include fines or jail.
  • Enforcement: Courts can issue arrest warrants to ensure compliance.

Strategies for Reluctant Witnesses

  • Communication: Understand and address concerns.
  • Mediation: Resolve disputes through dialogue.
  • Relief Applications: Witnesses can seek relief for valid non-compliance reasons.

Practical Considerations and Best Practices

  1. Timing: Issue summonses early to manage challenges.
  2. Communication: Keep open lines with witnesses, addressing concerns.
  3. Documentation: Record all communications about attendance.
  4. Alternatives: Explore informal arrangements before using summonses.
  5. Preparation: Focus on preparing witnesses for their testimony.

Conclusion

Understanding the process of summoning witnesses is essential for SQE1 FLK1 success and legal practice. This guide covers legal rules, procedures, strategic thinking, and practicalities. Remember these points:

  • Witness summonses are based on Rule 34.2 of the Civil Procedure Rules.
  • Completing and serving summonses correctly is key to enforcement.
  • Balance testimony needs with challenges and witness concerns.
  • Non-compliance can lead to serious consequences.
  • Effective trial preparation relies on managing witness participation.

By mastering these areas, candidates will be prepared for trial preparation and witness management in their legal careers.