A witness statement otherwise known as a statement for court includes evidence in support of your case. As a result, your witness statement is important, and the difference between winning and losing may depend on how effectively it is prepared.
If something you want to present before the court is not in a witness statement, it may not be authorized. In most circumstances, a witness will only corroborate what is stated in their witness statement during the trial and will not be able to add anything to it.
To help you write a witness statement that best conveys facts as said by the witness, this article contains a step-by-step guide on how to write a statement for court in four stages; carefully read through.
What Is A Witness Statement?
A witness statement is a signed document containing a witness’s testimony. The court may use the witness’ testimony to support one party’s case.
When you write a statement, you are signing a statement of truth. If you deliberately provide a false statement and sign the declaration of truth, the court may hold you in contempt of court. Contempt of court is a serious offense punishable by a fine and up to two years in prison.
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Why Do We Write Witness Statements?
Witness testimonies are an important instrument in the civil justice system. A witness statement aims to present written evidence to the Court (and opponent) to support a certain party’s argument. Typically, all parties in litigation are expected to provide a witness statement.
There are only 3 ways for the court to receive evidence. Witness statements (and affidavits with them), oral evidence (in cross-examination and re-examination), and judicial notice.
Courts use witness statements to decide the following issues:
1. At the trial
The trial takes place once all of the preparations have been finished. All parties, witnesses, and specialists (if any) appear in court to have the disagreement heard and settled by the judge.
Witness statements prepared for trial nearly always include “lay witness statements” (lay evidence). Lay evidence refers to evidence that is not expert evidence.
Expert evidence is given in the form of witness statements by people specially qualified to assist the court decide technical issues. Experts in a case could include IT experts, doctors, engineers, quantity surveyors, or mechanics. They are qualified to give opinions in the areas of their expertise.
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2. In interim applications
When an application is submitted, the application notice (known as a notice of motion in some countries) is accompanied by evidence. This is referred to as “evidence in support”. Evidence can consist of one or more witness statements. The “evidence in response” refers to evidence filed by a party in reaction to evidence in support.
Following that, the party filing the application notice has another opportunity to file evidence and respond to the evidence presented. This is referred to as “evidence in reply” or “evidence in answer”.
How To Write A Statement For Court?
Writing a witness statement can be daunting as you want to ensure it’s written correctly. Therefore, we have broken the process down into four easy-to-follow stages.
Stage 1: Complete the header
Firstly, the document must be headered ‘witness statement’. Under this title, you should include the following details:
- An application number and, if applicable, the opposition/cancellation number
- The name of the applicant/proprietor that the application is looking to support
- The name of the defendant/applicant for cancellation (if applicable)
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Stage 2: Who is making the statement?
When writing a statement for court, the second stage is to include your details. The relevant details include your:
- Name
- Address (private or business address)
- Position in the company (if applicable)
- Company name (if applicable)
- Source of information. For example, personal knowledge, company records, or others.
Stage 3: Body of the statement
The body of the witness statement is an important section of the writing. Here you will outline the evidence to support the application in court.
When writing a statement, you should include any documentary evidence that supports your claim. The supporting evidence must be mentioned in the statement and properly labeled.
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Stage 4: Statement of truth
The assertion of truth is critical to the statement. This part must include the words ‘I think that the facts stated in this witness statement are truthful’.
Can I Write My Opinion In A Witness Statement?
A witness statement is not the place for personal opinion (unless you are an expert witness) or to provide your argument in favor of your case. Keep it to the facts that you know or have witnessed. It is permitted, however, to explain the reasons for acts if it appears necessary. However, be mindful about rambling on.
Judges dislike extensive, rambling witness statements that contain acres of unnecessary information.
When composing your witness statement, consider what you need to provide to substantiate your claim or refute the allegations against you. Set this out as simply and concisely as possible, but always include any occurrences or situations that help to prove your argument. Avoid hearsay wherever possible.
This is evidence of what you have been told or know from someone else and on which you do not have personal knowledge.
FAQs On Statement for Court
A witness statement is not the place for personal opinion (unless you are an expert witness) or to provide your argument in favor of your case. Keep it to the facts that you know or have witnessed.
A Statement of Truth (also known as a declaration of truth) confirms that a document’s information is accurate to the best of the concerned parties’ knowledge.
A witness statement is a signed document containing a witness’s testimony. The court may use the witness’ testimony to support one party’s case.
Conclusion
Witness statements are an important instrument in the civil justice system. It aims to present written evidence to the Court (and opponent) to support a certain party’s argument. Therefore, your best bet is when you get it right. By following our four steps of writing a statement for court, be sure to have your points well enunciated and understood by the judge.
References
- brittontime.com – What Are The Four Stages Of Writing A Witness Statement?
- hallellis.co.uk – Preparing your Witness Statement for Court: step by step (with template)
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