Property conflicts sometimes call for witnesses to prove the facts of a case. But who should the parties call to testify before the court, and what happens should they refuse to cooperate?
In court, who can provide evidence?
We have a lot to consider as we bring someone to court serving as a prosecution witness. Let’s first clarify the two groups of witnesses’ classification:
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- Professional witnesses, as well as
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- Fact-based witnesses
Expert witnesses are people with a thorough comprehension of a given topic who can testify to the court to help them grasp the matter. In the first case, they are asked to testify; following their evidence, they must prepare an expert report in which they voice their perspective on a divisive issue.
For instance, mechanical and electrical specialists could be consulted to provide an opinion on whether a heating system is in perfect condition and repair in cases of dilapidations.
Witnesses who can attest to the truth, on the other hand, can only provide factual evidence and cannot provide evidence supporting their points of view on any divisive issues. In a dilapidations dispute—in the absence of a schedule of conditions—a witness as to fact might testify to how the building was set up at the commencement of the lease or whether or not a roof had been patched before the lease started. Although they did not need to have any official training, anyone who knew the site may be asked to present proof.
Can a witness decline to help?
Expert witnesses are instructed, hence the parties’ choice of an expert witness is entirely their own. A party can believe a certain civil engineer is the best in their field of work or trust a particular building surveyor as they have dealt with them earlier. Nevertheless, the expert witness is allowed to choose whether to follow instructions since they might not have the required time or knowledge to do so. Should directions be ignored, the instructing party must find and select another qualified expert witness ready to testify and provide a witness statement if needed. Expert witnesses should be notified as soon as practically possible so that they have ample time to properly prepare their report.
Usually issued to expert witnesses for the prosecution based in Scotland, formal citations mandating attendance at the court hearing and evidence regarding their expert report are also sent for completeness’s sake.
Witnesses living in Scotland cannot refuse to testify or provide evidence for the prosecution at a Scottish evidentiary hearing. They can be asked to present evidence supporting prosecution and show up for a hearing so the court may review their testimony. For this reason, persons who can confirm their residence in Scotland are handed formal citations asking witnesses to appear in court and take an oath for an evidence hearing.
Almost always, witnesses cooperate and can be counted upon to show up for court. In the rare instance when a witness declines to respond to inquiries, and so long as a citation has been issued to them, a failure to show up for court could cause a witness to be taken before a sheriff officer (the Scottish bailiff).
In case a witness gets a citation, what should they do?
Witnesses most of the time comply and can be relied upon to show up in court. In the rare case when a witness fails to help and a citation has been issued on them, their absence in court could lead to a messenger-at-arms of sheriff officer bringing them to court (the Scottish bailiff).
