Start from the issues and the court's directions
Read the statements of case, relevant orders and the list of issues before writing. Identify which facts this witness can prove and which matters belong to another witness, an expert or a document. Record the exchange deadline, page or format limits, exhibit requirements and whether the court has directed a particular sequence or electronic bundle format.
Create an evidence map linking each disputed factual proposition to the witness's personal knowledge and to any contemporaneous record. This prevents repetition and reduces the risk that the statement becomes a general commentary on the whole case.
State the source of knowledge
Use the first person and explain the witness's role and connection with the events. Distinguish what was seen, heard or done personally from information obtained from records or another person. Where a matter is based on information or belief, identify the source as required rather than presenting it as direct recollection.
Do not improve uncertain memory by guessing exact words or dates. A reliable statement can say that the witness does not recall the precise wording and then identify the contemporaneous note, email or message that records the event.
Use a chronological and issue-led structure
Number every paragraph and use short descriptive headings where helpful. Begin with identity and background, then move through the events in a logical order. Where the case involves several issues, group related events without losing the chronology. State dates, participants, location and the significance of each event precisely.
Avoid long passages of legal submission. The statement may explain why a fact matters to the witness's actions, but legal argument normally belongs in a separate document or oral submission. Quoting pleadings or correspondence at length rarely improves the evidence.
Exhibits and document references
Exhibit only documents that support or explain the evidence and follow the current labelling requirements. Refer to each exhibit in the body where it becomes relevant, using the exact exhibit identifier and page where appropriate. Make sure the copy is complete, legible and in the correct order.
Do not alter screenshots, crop away context or omit message headers that identify participants and time. If a document is incomplete or reconstructed, explain that openly. Maintain a private source file containing the original records and metadata.
Statement of truth and signing
Use the current prescribed statement of truth and check who is permitted to sign. The witness must understand that the statement is their evidence and must verify its truth. Electronic signature arrangements and filing methods should be checked against the applicable directions and court instructions.
A translated or interpreted statement may require additional steps. Record the language used, interpreter or translator details and the process by which the witness confirmed the final content.
Final quality review
Compare the statement against the pleadings, chronology, disclosure and other witness evidence. Investigate material inconsistencies rather than hiding them. Correct names, dates and document references, and remove comments outside the witness's knowledge.
Perform a practical bundle check: paragraph numbers, page numbers, exhibit labels, legibility, statement of truth, signature, date, filing and service. Preserve the exact version exchanged and proof of delivery.
Frequently asked questions
Can a witness statement contain legal argument?
Its primary purpose is factual evidence. Limited context may be necessary, but legal submissions are normally better placed in a separate argument or skeleton.
Must every document be exhibited?
No. Include or reference documents according to relevance, the disclosure position and the court's directions rather than attaching the whole case file.
Can a witness say what another person told them?
The statement should identify the source and comply with the applicable rules on information, belief and hearsay rather than presenting it as direct knowledge.
Prepare before acting
- Read the court order and identify the exchange deadline and format.
- Map each relevant issue to facts within the witness's own knowledge.
- Identify the source of any information or belief.
- Use numbered paragraphs and a clear chronology.
- Refer to complete, legible and correctly labelled exhibits.
- Remove legal submissions that belong in another document.
- Use the current statement of truth and obtain a genuine signature.
- Keep the exchanged version and proof of filing and service.
Legal and procedural foundation
- Civil Procedure Rules Part 32
- Practice Direction 32 — Evidence
- Practice Direction 22 — Statements of Truth
Forms, deadlines, fees, filing and service requirements must be checked against the current official material and the circumstances of the particular matter.
Verify the current position
Links lead to the material used to structure this publication.