Witnesses

The Upper Tribunal can by citation require anyone to attend as a witness at a hearing. It can do this on its own initiative or at the request of one of the parties to the appeal.

The Upper Tribunal can also order anyone to either:

• answer any questions
• provide documents that they have

which relate to the case.

The citation for a person to attend as a witness must include all of the following:

• at least 14 calendar days’ notice of the hearing or any other period of time the Upper Tribunal sets
• information about how the witness’s expenses for attending can be paid, if the witness is not a party in the case
• state that the person who is cited can apply to the Upper Tribunal to have the citation varied or set aside if the person did not have an opportunity to object before the citation was made or issued. The person must apply as soon as reasonably practicable after receiving the citation.
• the consequences of failing to comply with the citation or order.

The Upper Tribunal cannot make someone either: • give any evidence • produce any document that the person could not be compelled to give or produce at a civil trial of an action in a court of law in Scotland.