Rule 35 Witness statements for use at a hearing before a tribunalI1
England
A witness statement is a written statement signed by a person and containing evidence which that person would be allowed to give orally.
A witness statement must indicate—
which matters in it come from the witness’s own knowledge, and which are matters of information or belief, and
the source of any matters of information or belief.
A witness statement intended for use before a tribunal must contain at the end a declaration of truth in the following form—
“I believe that the contents of this witness statement are true”,
and shall be dated and signed by the witness.
A party wishing to rely on a witness statement at the hearing of the F1allegation of misconduct shall call the witness to give oral evidence unless—
the parties agree that the witness statement may be put in evidence, or
the witness has died, is too ill to attend or is overseas, or
the Registrar of Tribunals or the Chair directs otherwise.
Where a witness is called to give oral evidence the witness statement of the witness shall stand as the witness’s evidence in chief unless the Chair directs otherwise.
A witness giving oral evidence at a hearing may with the permission of the Chair—
amplify the witness statement, and
give evidence in relation to new matters which have arisen since the witness statement was made.
Any witness who gives oral evidence may be cross-examined.
If a party exchanges a witness statement with another party but does not—
call the witness to give evidence at the hearing, or
put the statement in evidence without calling the witness,
the other party may put the witness statement in evidence without calling the witness to give oral evidence.
Annotations
Textual amendments
- F1
Words in rule 35(4) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
Commencement
- I1
Rule 35 in force at 1.1.2006, see rule 107(2)