What should a witness statement include?
As a team of litigation specialists, we do a lot of work involving court evidence or disputes that require evidence such as witness statement. If you need to prepare a witness statement you may think it is easy to do so yourself or to find a template on the internet and follow a prepared format. There is more to these documents that meets the eye, and their presentational content and format is crucial to position yourself on the front foot for winning. The content of your documents can be crucial and can/usually change your chances of success. Conversely poorly drafted evidence can result in an otherwise winnable claim/dispute being lost.
Usually, a solicitor acting for the party who wants to use your knowledge as evidence in their case will help draft a witness statement. These statements must confine themselves to the facts, and there are key legal requirements which if you are not aware of it’s easy to trip up.
Our guide below explains how to write a witness statement, covering what to include and, just as importantly, what to leave out.
What Is a Witness Statement?
Witness statements are used in all civil claims to provide evidence to the court. The Civil Procedure Rules (CPR Part 32) contain all the relevant information governing their form and content.
Every witness statement must contain a statement of truth; this appears at the end of the document and declares that the facts are true and accurate. When is a Witness statement necessary? It is technically known as your main evidence. Cross-examination of a witness by the opposing party (or their lawyer) is possible at trial or during an hearing. This gives you the chance to re-examine your evidence (or explain it again). Witness statements inform both the other side and the court about the evidence that the witness will provide and on which the other side will rely to support their case. This all helps a judge form an opinion on what happened in conjunction with other evidence.
What is in a witness statement will vary from case to case and there are strict procedural and technical requirements as to what should be and must not be included in a witness statement. The court will require a witness statement to explain what was said and understood in the conversation. So if the case was for a contract and part of that contract was made in a conversation, then the court would need a witness statement explaining what was said and understood.
The court may refuse to allow witnesses to give evidence if they have not previously submitted a statement.
There are also now increasing limits on the length and content of witness statements and an increasing emphasis on witnesses themselves giving their primary evidence without direct input from barristers especially.
However, there are some times when it will not help to provide a witness statement and you need to consider carefully whether what is being said is going to help or hinder the case at trial.
How Do You Write a Witness Statement?
Initial Scoping Discussion
Usually, lawyers acting for a party in the dispute will contact witnesses suggested by that party to ascertain whether they can provide factual evidence relevant to the case. This typically happens during informal conversations.
Fact Finding
Once a lawyer has established the parameters of a witness statement, they will next meet or interview the person and take a detailed account of what happened.
This process may be lengthy and depends on the complexity of the situation. A solicitor must make sure that the statement only contains the facts that the witness is aware of. This is known as hearsay evidence and has less weight in court than direct first-hand evidence. What should be included in a witness statement?
A statement of a witness must be written by the witness in their own words and in the first-person. The statement should only include facts that the witness is aware of. There should be no opinions or comments unless the report is an Expert Report. The statement must be as concise as possible without omitting essential information.
Often, lawyers will provide an initial draft before producing a final version. The witness must check the draft statement to ensure accuracy. They should also make sure the language is used in a manner that would be appropriate for them to describe the situation or events.
What is the Correct Format for a Witness Statement?
Witness statements must follow a strict format and include the name and address of the person making the statement on the first page. This page should also include the party to the proceedings that the witness statement supports. It should also include any exhibits/documents mentioned in the content and the date. There is a prescribed form of words for all this information.
The statement must indicate whether it is the first statement from that person (there could be more than one). There are rules for the size of the paper and even the margin layout. Numbers and dates must be expressed in figures.
The court may reject statements that are not in the correct format.
Statement of Truth
All witness statements are signed with a statement of truth, a set form of words in which the witness confirms that all the facts contained within the document are true and accurate. A witness who gives false information in a statement is in contempt of the court. False information or errors may be revealed by the court during cross-examination of witnesses regarding the content of written statements. The opposing party’s counsel can be very aggressive in their cross-examination, so it is important that witnesses are satisfied with the content of the statement before signing it. A new statement should always be prepared if information needs to change. The Civil Procedure Rules (CPR) set out how this happens.
Service varies on a case by case basis, but usually it is provided by post to the address on the claim form or any notice of change subsequently provided. It is important to keep records and ensure that service is done properly.
If the claim is taken to court, both parties will exchange statements. This allows them to review evidence against them. Statements are not traditionally exchanged by email unless this is agreed beforehand.
Witness statements must also be filed with the court as well as being served on the other side.
Frequently Asked Questions
What Not to Say in a Witness Statement?
A witness statement should contain all necessary facts to present a clear and accurate picture. No opinions, criticisms, arguments or commentary should be included in a witness statement.
The writer should avoid jargon that may not be clear to the court and confine themselves to a factual and chronological narrative.
Final Thoughts
If you’re asked to give a witness statement you will usually be approaching the end of a dispute. Even at this late stage of court proceedings, it is crucial to get the content of witness statement correct to ensure you win. Legal advice from litigation experts can help you present your evidence and case in the best way possible. We have seen opponents make mistakes and lose their case because they did not follow the rules. We can help if you are in litigation and you are considering the relevance of witness evidence to your case. We have specialist teams that can help you get the best possible outcome in any dispute. Helix Law is here to help if you need any assistance. Contact them at (
