What should a witness statement include?
What should a witness statement include?
Witness statement should set this information out on the first page:
- the title of the proceedings.
- the name of the person making the statement.
- the party to the proceedings on whose behalf the statement was made.
- the exhibits made in conjunction with the witness statement.
- the date it was made.
How do you write a witness statement for court?
- Start with the name of the case and the claim number;
- State the full name and address of the witness;
- Set out the witness’s evidence clearly in numbered paragraphs on numbered pages;
- End with this paragraph: ‘I believe that the facts stated in this witness statement are true.
Are witness statements publicly available?
Pursuant to CPR 32.13, a witness statement (standing as evidence-in-chief) is open to public inspection during trial, unless the Court directs otherwise. Under its inherent jurisdiction, the Court may grant access to written submissions and/or skeleton arguments.
What should you not put in a witness statement?
CIVIL PROCEDURE – BACK TO BASICS 4: WHAT NOT TO PUT IN A WITNESS STATEMENT: “INADMISSIBLE AND IRRELEVANT OPINION, SUBMISSION, SPECULATION AND INNUENDO”
- AN EXAMPLE.
- THIS IS NOT A RARE EVENT.
- TRYING TO USURP THE ROLE OF THE JUDGE IS NEVER A GOOD TACTIC IN LITIGATION.
- The witness trying to be an expert.
Is a witness statement evidence?
1. A witness statement is a document recording the evidence of a person, which is signed by that person to confirm that the contents of the statement are true. A statement should record what the witness saw, heard or felt.
Can I refuse to give a witness statement?
Whilst there is no legal requirement to give a witness statement to the police there is a moral duty on each of us to help the police with their enquiries. For many, the prospect of giving a statement and appearing in court is frightening for reasons such as fear of reprisals and nervousness about going to court.
Can witness statements be used as evidence?
An eyewitness statement must be made under oath and is considered evidence because the person is willing to testify to what they saw. In a trial, the judge or jury would also consider other evidence, if there is any and the accused’s statement and weigh them against the witness statement.
Does a witness statement have to be notarized?
A witness statement is a summary of the oral evidence that a witness will give at trial. The purpose of the witness statement is to set out the evidence of the witness. A witness can write out their version of events simply in their own words, then sign the statement, date it, and most likely have it notarized.
Is an unsigned witness statement valid?
An unsigned statement is not admissible evidence but can be material capable of being put in an admissible form and presented to the court. It is recognised that it may not be possible to obtain a statement in an admissible form before a Threshold Test decision is required to be made.
Can you refuse to give a witness statement?
Is a witness statement enough evidence?
At trial, witnesses will be required to give evidence unless there is no dispute about what they have to say. Where a witness gives evidence, the magistrates/jury will not have seen a copy of that witness’s written witness statement.
Do I have to go to court if I give a statement?
Just because you’ve given a statement doesn’t mean the police will ask you to give evidence in court. They’ll contact you if you have to go to court to give evidence – this can take some time. This is because court cases can take a long time to prepare.
What should be included in a witness statement?
The content of the affidavit or witness statement. The following principle must be respected: the statement should be the evidence of the witness and should cover only those matters to which he can properly speak.
When to use a signed witness statement or affidavit?
If a witness whom a party wishes to call does not co-operate with solicitors in producing a signed witness statement or affidavit, the solicitors should explain the problem at a by order hearing and produce the correspondence to vouch the request and the witness’s non-co-operation.
What happens if a witness produces a document?
If a party produces such a document as the evidence of the witness, it is likely that it will receive little weight from the court and it may in some circumstances significantly damage a party’s case. Equally, if it appears that a witness has been improperly tutored in his evidence,  the court is likely to discount his evidence.
Why does a court need to fix a date for the exchange of witness statements?
By fixing a date on which the parties are to exchange their statements, the court seeks to prevent a witness’s initial statement from being influenced by the evidence of the witnesses put forward by another party.