Can a non-attorney representative submit a witness statement?
Yes. A non-attorney representative can prepare and submit a witness statement. However, a witness “statement” submitted by a non-attorney representative does not meet the standards of the Resolution when such a statement consists of a series of questions posed by a non-attorney representative to the witness and a list of responses. Such a witness “statement” is in violation of the prohibition on direct examination and indirect examination of witness found in Part (B)(1) of the Resolution. A non-attorney representative cannot submit a document that is the written equivalent of oral direct examination or cross-examination of a witness that is prohibited under the Part (B)(1) of the Resolution. [*Reference: (A)(1) and (B)(1).] 14. Can a non-attorney representative discuss matters within the independent knowledge of the representative? Yes. But such knowledge must have been obtained independently by the non-attorney representative through personal observation or a similar process. [*Refere