Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal)

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Rule 21 - Witness Statements

Witness statements may be required

21.01 The Tribunal may require a party to an appeal to provide to each other party to the proceeding, and to the Tribunal, a signed witness statement for each witness the party intends to call at the hearing or, if a witness statement is not available for a witness, a written summary of the evidence to be given by the witness at the hearing at least five business days prior to the commencement of the hearing, or such other time as the Tribunal may direct.

Order for witness statements

21.02 If a party fails to comply with a direction from the Tribunal pursuant to Rule 21.01 in a timely way the Tribunal may, at the request of any other party to the appeal, order the party in default to deliver witness statements to the other parties and to the Tribunal within such period of time as the Tribunal considers just.

Content of witness statements

21.03 A witness statement or statement of evidence that a witness will give at the hearing shall contain,

  1. the substance of the evidence of the witness;
  2. a list of the documents and things, if any, that the witness will refer to in his or her evidence; and
  3. the witness's name and address or, if the witness's address is not provided, the name and address of a person through whom the witness can be contacted.

Failure to provide a witness statement

21.04 If a party to an appeal fails to provide a witness statement or a statement of the evidence a witness will give at the hearing in a timely way or in response to an order of the Tribunal, the party in default may not call the person as a witness without the consent of the Tribunal which consent may be subject to such terms and conditions as the Tribunal considers just.

Incomplete witness statements

21.05 A party may not call a witness to testify to matters not disclosed in the person's witness statement without the consent of the Tribunal.

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