General guidance on witness expenses applicable to all witness types

If it is necessary to cite a witness to attend court, the expense is recoverable as an outlay in your account. This is subject to the outlay satisfying the statutory tests of taxation, as prescribed in regulation 4 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989.

You are personally liable for the fees and expenses of a witness cited to appear at court.

In determining whether the outlay is reasonable, we will consider if the fees would be paid to a witness if the case was not legally aided.

Value added tax

Where any witness is a taxable person, the amount of value added tax may be added by the witness to the witness’s note of fee. You are responsible to pay this amount to the witness.

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