If you refer to documents in the witness statement, you must attach those documents to the end of the statement – we call this an ‘exhibit’. If we’ve ordered you to provide the statement, the order will say when you have to send it to us and the other party. See an example of a witness statement Give your witness statement to VCAT and the other partiesīefore the hearing, you must send a copy of your witness statement to VCAT and the other party. set out all the evidence they intend to give at the hearing in numbered paragraphs, in date order.state their name, address and occupation at the beginning.When a witness prepares a statement, they must: Often this order is given at a directions hearing. ![]() In most cases, you only have to prepare a witness's statement when we order you to do it. At the hearing, each witness is asked to ‘swear’ or to ‘affirm’ that their statement is true and correct. Witness statementsĪ witness statement is a document that sets out the evidence a witness, including you, will give at a hearing. You may be able to summons a person to appear as a witness if that person will not attend willingly. This is because the other parties can’t question the witness who created the document. Written evidence from a witness must be completed truthfully, accurately and clearly, and sworn or affirmed as true and correct.Ī written statement from a witness on its own may not be as useful or have the same weight as the witness appearing in person. in some cases, give written evidence in an affidavit or statutory declaration.attend the hearing by telephone or video conference.If a witness can’t attend the hearing in person, they can: We generally don’t accept key witness evidence without the attendance of the witness, unless all parties agree. When a witness can’t attendĮach party must have a reasonable opportunity to cross-examine another party’s witness. We expect the expert to attend the hearing to discuss their report.Īny party can bring an expert witness to present evidence at a hearing. The expert witness has a duty to VCAT to provide fair evidence, rather than to act as an advocate for the party who asked them to appear.Īt the hearing, both parties and the member may ask the expert questions.Īn expert witness may provide a report. ![]() The expert must read, and state they have read, VCAT’s Practice Note on expert evidence. The expert’s opinion should be sound, complete, fair, unbiased and within the area of their expertise. We may rely on the evidence from expert witnesses to make a finding about a specialised or technical matter relevant to the case. Expert witnessesĪn expert witness is a person with specialised knowledge based on their training, study or experience. You can also question a witness you called to clarify the evidence they gave under cross-examination. You can question a witness called by the other party (cross-examine). You have the right to question witnesses, so prepare a list of questions. The best way to give evidence is in person at the hearing. ![]() The primary duty of an expert witness is owed to VCAT, not to the person who paid for their services. They give evidence relevant to the case based on their expertise. They must have first-hand knowledge of the facts they’re giving evidence about.Īn expert witness is a person with specialised knowledge. A witness is a person, including you, who gives evidence at a hearing, either in person or in writing.
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