Define the purpose and witness
Identify the proceedings, parties, claim number, court, order or issue for which the statement is prepared. State the witness's name, role and relationship to the events.
A witness should only address matters relevant to the issue. Several witnesses may be preferable where knowledge is divided between people rather than attributing every fact to one person.
Separate knowledge from information
Use direct language for matters personally seen, heard, done or recorded by the witness. Where information comes from another person or document, identify the source as required.
Do not present a solicitor's submission, legal conclusion or speculation as personal recollection. Explain what happened and leave legal argument to the appropriate document.
Build a dated chronology
Arrange the main events in a clear sequence and use numbered paragraphs. Identify documents at the point they become relevant rather than placing an unexplained list at the end.
Where the date is uncertain, say so and explain the basis for the approximate period. Do not create precision that the witness cannot honestly support.
Use documents and exhibits correctly
Only exhibit documents actually available to the witness and relevant to the evidence. Give each exhibit a consistent reference and refer to the exact page or part where useful.
Check whether the court requires a separate exhibit cover sheet, continuous pagination or a particular electronic bundle format. Avoid duplicating documents already contained in an agreed bundle unless necessary.
Respond to disputed evidence
Identify the opposing assertion precisely and provide the witness's factual response. Explain the event, conversation, document or practice relied on and acknowledge any limitation in recollection.
Avoid argumentative adjectives and accusations that are not supported by observed facts. Specific evidence is more useful than repeated assertions that another account is dishonest.
Address records and calculations
Where figures are derived from invoices, statements, schedules or system records, explain the method and source. Attach or identify the underlying records rather than presenting an unexplained total.
If a record was created by another person or automatically by a system, explain how the witness knows what it represents and any limits in that knowledge.
Check formal requirements
Verify the heading, court, parties, witness sequence, language, page numbering, statement of truth and signature requirements under the current rules and directions. Specialist proceedings may impose additional requirements.
If the witness needs an interpreter, assistance, an accessible format or another adjustment, address the correct procedure early rather than altering the evidence informally.
Final factual review
Ask the witness to read the complete statement and every exhibit reference. Correct errors openly and remove anything the witness cannot verify.
Signing a statement of truth is serious. The witness should understand that the statement is presented as true and should obtain individual advice where accuracy, privilege, confidentiality or self-incrimination may be in issue.
Frequently asked questions
Can a witness statement contain legal argument?
It should primarily contain evidence. Legal submissions are normally better placed in the appropriate argument document.
Must every document be exhibited?
No. Include or identify documents necessary for the evidence and follow the court's bundle directions.
Can the witness rely on information from someone else?
The source should be identified where the rules require it, and the statement must not imply personal knowledge that the witness does not have.
What if a date is uncertain?
State the uncertainty honestly and explain how the approximate period is remembered or documented.
Can a signed statement be changed?
Corrections or supplemental evidence may require a further statement or court permission depending on the stage and directions.
Prepare before acting
- court and claim number
- witness identity and role
- purpose of statement
- numbered chronology
- source of each fact
- identified exhibits
- document page references
- current statement of truth
- signature and date
- filing and service requirements
Legal and procedural foundation
- Civil Procedure Rules Part 32
- Civil Procedure Rules Part 22
- Court and tribunal forms
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.