Witness summonses and witness summaries

by Practical Law Dispute Resolution

A practice note that describes the procedure in England and Wales for issuing and serving a witness summons to require a person to attend court and provide oral evidence. This note outlines the limited circumstances in which the court's permission is needed to issue a summons and considers the amount that should be paid or offered as conduct money to the witness. It also explores the grounds on which an application to vary or set aside a witness summons might be made and details the potential repercussions for non-compliance with a witness summons. Regarding witness summaries, this practice note sets out the procedural rules on their form, content, and service, and considers the requirements for obtaining permission to serve one, particularly where a witness is unwilling or unable to provide a witness statement voluntarily. This note provides essential guidance for litigants navigating the process of compelling witness testimony, highlighting key procedural rules under the Civil Procedure Rules (CPR) and practical considerations from case law.