Witness Statements

Witness statements are documents designed to tell the Court what a person’s observation of the events in a case are. Witnesses are not allowed to give their opinions as to the questions the Court is trying to decide but are simply required to give their own account of event.

A witness statement is a recording a witness’s testimony as to an event. Origionaly, witnesses would read their witness statement out at Court but the current standard practice is for witnesses to swear the truth of their statement which then stands as their evidence on paper without the need for them to read it out. A witness can then be cross examined on their statement by the other side after having done so.

Content

A witness statement should tell the Court what the maker has witnessed in relation to all the relevant points in a case set out in a concise, precise manner and often best presented in chronological order. Statements must include the witnesses full name, address and occupation, whether the details in it are made from their own knowledge and contain a signed statement of truth signed by the witness.

A witness statement should be headed with the Court hearing the case, claim number and the parties and be supplemented by a witness statement:-

IN THE [please insert] COUNTY COURT                                        Claim No. [PLEASE INSERT]

 

BETWEEN

 

[please insert Claimant’s name]

Claimant

 

-and-

 

[please insert Defendant’s name]

Defendant

 

____________________________________

 

WITNESS STATEMENT OF [please insert name]

_____________________________________

 

I, [please insert name] of [please insert place] make this statement in support of the [please insert claimant or defendant].  I make this statement on the basis of facts which are within my own knowledge

 

This is then followed by the content of the case and it often helps to number the paragraphs.

 

STATEMENT OF TRUTH

 

I believe that the facts stated within this witness statement are true.

 

Signed

Dated

 

 
Attendance

Although it is not essential for a witness to attend Court, judges routinely place little evidential weight on witness statements presented where the maker had not attended and this can lose a party their case.

Exhibits

Any documents referred to by a statement should be attached to the back of the statement and referred to as an exhibit. Exhibits should be numbered and identified in the body of the statement –

i.e. ‘I now refer to exhibit J.M.1 which is a true copy of the rental agreement.

In the example above, the rental agreement would need to be attached at the back of the witness statement and labelled J.M.1.

Statements of Truth

It is essential to have a statement of truth at the bottom of every application, claim form, defence, witness statement, particulars of claim, affidavit and reply. All statements of truth need to be signed by the maker and dated. Failure to include a statement of truth might result in the statement not being considered as evidence.

A statement of truth is set out in the standard court forms but when writing your own statement of truth, on a witness statement for example you should include something like this (in the square brackets are choices for the statement on the basis of whether it is the individual making it or whether it is made on behalf of them. One choice should be used and the others deleted as appropriate):-

STATEMENT OF TRUTH

[I] [the Claimant] [the Defendant] [the Applicant] [the Appellant] [the Respondent] believe that the facts stated within this witness statement are true.

Signed

Dated