11/14/2023 0 Comments Role of lay witness![]() These witnesses were a former TD employee and an agent who were both directly involved in responding to the policyholder’s fire loss claim. Plaintiff’s counsel argued that it was an abuse of process to pay lay witnesses for the purpose of securing their cooperation, that TD was essentially “paying for their testimony” and thereby tainting their evidence. The plaintiff brought a motion mid-trial to exclude the evidence of two of TD’s witnesses on the basis that they were being financially compensated by TD for their preparation time and trial attendance. ![]() This was an action brought by the plaintiff policyholder to enforce the policy provisions of an insurance contract following a house fire. TD General Insurance Company deals with the issue of whether non-expert witnesses could be paid to prepare for trial. This reasoning is often persuasive with otherwise reluctant witnesses. When lawyers obtain information from witnesses in advance, they are better equipped to assess the risk and negotiate a settlement, avoiding trial altogether. My practice is not to offer compensation, but to explain how their cooperation in advance of the trial makes it less likely that they will have to testify at trial. I have often encountered witnesses who are reluctant to cooperate, and the question has occasionally arisen about whether we should compensate them. ![]() You can issue a summons and require a witness to attend the trial, but it can be very risky to call a witness when you don’t know what they will say. When preparing for a trial, it is often important to secure the cooperation of non-expert lay witnesses in advance of the trial.
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