Witnesses

The First-tier Tribunal can by citation (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule16(1)) :

• require any person to attend as a witness at a hearing at a certain time and place
• order any person to answer any questions or produce any documents which relate to any issue in the proceedings. A citation is a formal letter.

The citation for a person to attend as a witness must include all of the following (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule 16(2)) :

• at least 14 calendar days’ notice of the hearing or any other period of time the First–tier Tribunal sets
• information about how the witness’s expenses for attending can be paid, if the witness is not a party in the case
• who is to pay the expenses for attending
• state that the person who is cited can apply to the Tribunal to have the citation varied or set aside the consequences of failing to comply with the citation or order.

No one can be compelled to either:

• give any evidence
• produce any document that they could not be compelled to give or produce in civil proceedings in a Scottish court (The First-tier Tribunal for Scotland Social Security Chamber (Rules of Procedure) 2018, rule16(3)) .