When you have to make a witness statement for court, you can avoid slip-ups

When you have to make a witness statement for court, you can avoid slip-ups.

Slip ups in witness statements make your life harder. They force you to take steps to defend what you say in court.

That might be avoidable.

Getting it right the first time has other advantages.

Avoiding mistakes gets you into a position to focus on advancing your own case. Structure your witness statements properly and cover what needs to be covered.

Below, we give some suggestions on how to prepare witness statements. We also give the low down on some of the processes that courts are likely to go through to assess and verify what you say in your witness statement.

We've also included a template witness statement below to get you started.

 

What are witness statements?

Witness statements are formal court documents.

They're made by witnesses to:

• 
  set out evidence to prove the facts alleged by a party in the particulars of claim, defence or other statement of case
  
• 
  in civil disputes, satisfy the burden of proof, which is on the balance of probabilities.  
  

Witness statements:

• 
  are the main way courts receive evidence
  
• 
  may be made for the purposes of supporting an application for interim relief (such as an injunction) or relied on at the trial in court disputes
  
• 
  have the same general form in civil proceedings in England, whether they are used in disputes relating to contracts, work, car accidents, or disciplinary proceedings.
  

It's important to get right the first time (or as right as possible), because when they are signed, they're supported by a statement of truth.

First, the basics.

Then we show how witness statements are tested and challenged.

 

Contents of witness statements

Overview

If you are making a witness statements it should:

1. 
   be written in your own words, in the first person
   
2. 
   state facts within your personal knowledge, and if not
   
3. 
   specify the source of the information or belief is not within your direct knowledge
   
4. 
   not give opinions, unless you’re an expert
   
5. 
   exhibit documentary evidence to support the statements made
   
6. 
   follow the chronological order of events
   
7. 
   use numbered paragraphs so that different parts of it can be referred to quickly and easily.
   

It should include all the evidence that you are able to give to assist the court decide the case. More on this later under the heading, "Testing your Witness Statement".

Format wise, statements should be printed on a single side of A4 paper, and have a left margin of 35 mm. (We’ve been using 20 mm margins for years, and have never been criticised for it).

The conclusions and opinions that I come to below is sourced from a wide variety of disputes in civil proceedings. I don’t pretend that there is only one way to draft a witness statement. Each witness statement will depend upon the circumstances in which is it is required.

What is clear is that you need to think through what you say your witness statement, and the corroboration that you can use to support what you say. It will give you more credibility and make it harder to criticise what you say in your witness statement.

There are at least two ways that you can prove what you say. You can:

1. 
   produce evidence that directly supports what you say.
   For instance, if you say a company exists, you would exhibit a page from the relevant Register of Companies in your statement, from here; or
   
2. 
   produce evidence which tends to show what you say is true.
   Let's say you wanted to prove that you were in a particular place at particular time.
   You could produce credit card statements showing that you bought something from a shop near the venue, or a WhatsApp conversation which shows communications with the person you were about to meet, that you were running late.
   

 

When are witness statements used?

Witness statements are a fundamental tool in the civil justice system.

There are only 3 ways to for the court to receive evidence. Witness statements (and affidavits with them), oral evidence (in cross-examination and re-examination) and by judicial notice.

Courts use the evidence filed to decide issues:

1.