England and Wales · Solicitors discipline
Which date governs SDT witness statement service?
The party proposing to rely on the Statement. The Tribunal determines the date, which must be no less than 28 days before the hearing. Send the Statement to the Tribunal and serve it on every other party with the prescribed notice. Complete by 4.30 PM Europe/London on the operative Tribunal date, subject to the actual method and any direction. A missed statement date requires permission both to produce the Statement and for the witness to give evidence under rule 28(5).
- Period
- The Tribunal determines the date, which must be no less than 28 days before the hearing.
- Trigger
- The statement date determined by the Tribunal and the fixed hearing date
- Rule
- Solicitors (Disciplinary Proceedings) Rules 2019, r.28(2)
Current Solicitors (Disciplinary Proceedings) Rules 2019, r.28(2). Rule 28(2) requires an actual Tribunal-determined date. Subtracting 28 days from the hearing identifies the rule’s minimum separation, not necessarily the operative service deadline.
Source guide · No automated date
Check the applicable procedure
A missed statement date requires permission both to produce the Statement and for the witness to give evidence under rule 28(5).
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Which date governs SDT witness statement service?
The party proposing to rely on the Statement. The Tribunal determines the date, which must be no less than 28 days before the hearing. Send the Statement to the Tribunal and serve it on every other party with the prescribed notice. Complete by 4.30 PM Europe/London on the operative Tribunal date, subject to the actual method and any direction. A missed statement date requires permission both to produce the Statement and for the witness to give evidence under rule 28(5).
Responsible actor. The party proposing to rely on the Statement.
The statement date determined by the Tribunal and the fixed hearing date
A missed statement date requires permission both to produce the Statement and for the witness to give evidence under rule 28(5).
Rule 28(2) requires an actual Tribunal-determined date. Subtracting 28 days from the hearing identifies the rule’s minimum separation, not necessarily the operative service deadline.
Solicitors (Disciplinary Proceedings) Rules 2019, r.28(2)How does this provision count time?
- Count calendar days. Exclude the established event day for an after-event period. For a hearing-based period, subtract the specified number of days from the actual fixed hearing date.
- Rule 47(2) carries an act ending on a non-business day to the next England and Wales business day. Rule 47(1) requires completion by 4.30PM unless directed otherwise, subject to rule 45.
Count calendar days. Exclude the established event day for an after-event period. For a hearing-based period, subtract the specified number of days from the actual fixed hearing date.
Rule 47(2) carries an act ending on a non-business day to the next England and Wales business day. Rule 47(1) requires completion by 4.30 PM unless directed otherwise, subject to rule 45.
Solicitors (Disciplinary Proceedings) Rules 2019, r.28(2)Which facts prevent one automatic date?
A missed statement date requires permission both to produce the Statement and for the witness to give evidence under rule 28(5).
The Tribunal directs witness statements for a particular date more than 28 days before the hearing. Rule 28(2) requires the Tribunal to determine the date. Use the operative directed date and complete service with the prescribed notice.
The hearing is moved after witness directions have been issued. A newly calculated hearing-minus 28 date does not itself rewrite an existing direction. Establish whether the Tribunal varied the statement deadline.
A party misses the directed statement date and wants its witness to testify. Rule 28(5) requires permission for the late statement and for calling that witness. Seek the actual permissions. One arithmetic date does not establish admissibility.
Which conditions and exceptions apply?
- Applicable procedure
- Rule 28(2) requires an actual Tribunal-determined date. Subtracting 28 days from the hearing identifies the rule’s minimum separation, not necessarily the operative service deadline.
- Actual event
- The statement date determined by the Tribunal and the fixed hearing date. Send the Statement to the Tribunal and serve it on every other party with the prescribed notice
- Material qualification
- A missed statement date requires permission both to produce the Statement and for the witness to give evidence under rule 28(5).
- Counting and completion
- Count calendar days. Exclude the established event day for an after-event period. For a hearing-based period, subtract the specified number of days from the actual fixed hearing date. Rule 47(2) carries an act ending on a non-business day to the next England and Wales business day. Rule 47(1) requires completion by 4.30PM unless directed otherwise, subject to rule 45.
- Rule 28(2) requires an actual Tribunal-determined date. Subtracting 28 days from the hearing identifies the rule’s minimum separation, not necessarily the operative service deadline.
- A missed statement date requires permission both to produce the Statement and for the witness to give evidence under rule 28(5). The selected act is send the Statement to the Tribunal and serve it on every other party with the prescribed notice.
What must the responsible actor complete?
Questions about this procedure
Which date governs SDT witness statement service?
Is the deadline always hearing minus 28 days?
No. The Tribunal determines the operative date. The rule requires that date to be no less than 28 days before the hearing.
Solicitors (Disciplinary Proceedings) Rules 2019, r.28(2)Who receives a Statement?
The party must send it to the Tribunal and serve it on every other party.
Solicitors (Disciplinary Proceedings) Rules 2019, r.28(2)What accompanies the Statement?
A notice using the prescribed form must accompany it. That notice relates to the other party’s right to require witness attendance.
Solicitors (Disciplinary Proceedings) Rules 2019, r.28(2)What permission is needed after late service?
Rule 28(5) requires permission to produce the Statement and for the witness to give evidence. These are separate parts of the application.
Solicitors (Disciplinary Proceedings) Rules 2019, r.28(5)Does timely service guarantee admissibility?
No. Rule 27(2) preserves the Tribunal’s power to exclude evidence on the specified grounds.
Solicitors (Disciplinary Proceedings) Rules 2019, r.27(2)Does the appeal jurisdiction use the same period?
No. The 2011 Appeals Rules contain a different 21-day statement provision. Identify first-instance proceedings or an SDT appeal.
Solicitors (Disciplinary Proceedings) Rules 2019, r.28(2)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Solicitors (Disciplinary Proceedings) Rules 2019, r.28(2) | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, rr.3 and 47 | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, r.28(2); rr.3,45 and47 | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, r.28(5) | Check the identified procedure, event, counting rule or qualification |
| Solicitors (Disciplinary Proceedings) Rules 2019, r.27(2) | Check the identified procedure, event, counting rule or qualification |