WA District Court - Required to Confirm Whether I'll Give Evidence?

[Yorkie]

I am being Sued in the District Court, I am the Defendant, it is a Civil matter, and the Plaintiff's lawyer has asked me if I intend to give evidence at the trial.

Do I have to stipulate to him that I will give evidence or not? I have provided him with a copy of my Defence.

Thanks

 

[John R]

Hi @Yorkie
Civil litigation procedure and practice can be a complex beast. Have you retained a solicitor and/or barrister to assist you?
If not, have you completed a pre-trial conference to attempt to meditate the dispute and settle the matter pre-trial?

In relation to your question, and as a general rule, rule 45I of the District Court Rules 2005 (WA) sets out:

45I.List of witnesses

(1)At least 7 days before the trial date for a case, a party to the case must file and serve a document listing, in the order in which they will be called, each witness that the party intends to call to give evidence and stating —

(a)any special circumstances that affect the date or time when the witness can be called; and

(b)any directions that the Court has made in relation to the taking of evidence from the witness by audio link or video link.

(2)Except with the leave of the Court, a party cannot call a witness at a trial unless the party has complied with this rule in relation to that witness.

Further information:
General/Civil Cases

Hope this helps. Please keep us updated with your progress.