Witnesses in small claims

[laurenm82]

Hi everyone,

I am due to go to court in august, long story short, A guy reveresed in to my car and drove off. However the main witness who saw this and who came to my house and reported it to me isnt able to attend the court in August. I was wondering if this will affect my claim, as all other witnesses including myself can attend.

Thanks

[Twenty20]

Could you get a signed statement, maybe witnessed by a solicitor beforehand?

[Barmaid]

The hearsay rules do not apply in SC trials. Thus the Judge can take the evidence into account or not as he sees fit. So a signed statement is not going to help. Given that the indep witness is the main witness to the accident, I would apply for an adjournment to a time he can attend and get him there - by summons if necessary. Personally, I would not run a trial without such a crucial witness being present - the other side will make mince meat of your case without him.

[laurenm82]

thanks guys for your replys!! I will see if i can get the date changed I think, to be on the safe side. I cant let this guy get away with it!!