We are of the view that it is generally desirable that a witness, who is speaking to events which occurred some time previously, should give his evidence after he has had an opportunity to consider documents which he had seen at the relevant time. There is also, we think, a benefit in parties knowing sooner rather than later the evidence likely to be adduced by the other side, since it enables them more confidently to assess the likelihood of success or failure and thereby facilitates settlement. While we acknowledge the work that has to go into the preparation of statements, it is hoped that there will be a net financial saving to the parties from shortening the length of the court hearing. If the diet fixed for a case is shorter, this in turn has a beneficial effect on the ability of the court to fix cases without undue delay. It is our experience that the use of statements has helped parties to complete hearings within the times allocated to them, which are often shorter than would be the case without statements being used. The purpose of the statements is to assist the court to hear cases expeditiously. The purpose of signed witness statements or affidavits In this note we use the term “statements” to cover both affidavits and signed witness statements which are adopted as part of a witness’s evidence also “he” includes “she”. This note, which we have discussed with the Consultative Committee, is intended to give that guidance. We are aware that some practitioners are uncertain about best practice in the preparation of witness statements and that they would welcome some guidance on their use. Since that decision we have considered further improvements in practice and have discussed the use of such statements with the Consultative Committee on Commercial Actions. The First Division in Luminar Lava Ignite Ltd v Mama Group plc 2010 SC 310 (at paragraphs –) has recognised the practice. The use of signed witness statements or affidavits in commercial actions is now fairly well established. Guidance by the Commercial Judges The use of signed witness statements or affidavits in commercial actions Dealing With a Deceased's Estate Guidance Notes.Simplified Divorce and Dissolution of Civil Partnership Guidance Notes.AC Messenger-at Arms and Sheriff Officers.Criminal Courts Practice Notes and Directions.Procedures and practices which apply to courts.Only judgments of significant points of law or public interest.Divorce and Dissolution of Civil Partnership.Dealing With a Deceased’s Estate in Scotland.Information on how some court processes work and action you may want to take.Information for those due to attend or visit court.Preliminary Hearings and Dates of Inquiry.Courts, tribunals and Justice organisations in Scotland.

Witness statement