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As a civil litigator, I do not want the return of lengthy examination in chief at trial. The period following exchange of witness statements is, in my experience, when the parties are most likely to settle (ignoring pre-action negotiations). Perhaps it's because everyone then has the chance to take stock and feel like they've had their say, or that all the cards are on the table. Of course, most witness statements are drafted by the lawyers in collaboration with clients, but that's because the process is adversarial and high stakes are involved. Evidence needs to be presented in its best light. I fear that if the parties are not given the chance to have their full say until trial, more cases will go the distance, which would have the entirely opposite effect to that intended.

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