By the date of exchange of witness statements all relevant documents should have been disclosed, but if a document not previously disclosed is referred to in a witness statement the opposing party may require disclosure of it.
If you are writing out an informal statement for the court, you still want to stick to the facts rather than offer personal opinions. If there are any obvious gaps on the page, initial in those areas as well. In that case, then you should use this form.
Diagramming and mapping may also help you write your witness statement. The person making the affidavit can include facts, but not speculations or opinions.
To do so draft the statement in clear language. A witness statement should contain all the relevant information that the witness either knows or senses ie saw, heard etc in relation to the matter, and no irrelevant information.
I have extracted the section on drafting witness statements below and highlighted the most apposite parts for those responsible for drafting witness statements.
Written Statement to the Court Every court action involves written documents presented by the parties to a case, including petitions, pleadings, motions and appeals. A person who knowingly makes a false witness statement may breach these provisions, particularly if the statement is intended to influence government officials or falsely confer financial advantage on the person making it.
Never forget that at trial you will be questioned on your witness statement and your witnesses on theirs. Furthermore, if a false witness statement is adopted in court by the witness after they have sworn an oath or made an affirmation to tell the truth, this may constitute perjury.
Most often this means they are dealt with chronologically. Including documents in a witness statement Where the witness wishes to give evidence of relevant documents, copies of these can either be annexed ie attached with a staple or similar to the witness statement or, where there are multiple documents, a separate bundle of these can accompany the witness statement.
If the witness statement is to be used for existing court proceedings then you should modify the details at the top of the first page of the witness statement so that the layout looks like the form of other documents used in that court frequently this information will include the name and location of the particular court and the title of the proceedings ie the names of the parties to the proceedings.
What is a witness statement? If, as advised, you have prepared a chronology this will help you when preparing your witness statements. The sensible litigant prepares a list of these issues, and makes sure that all the issues are covered in his witness evidence.
Content of Witness Statement Have other persons look at your diagram or map and ask if they find it legible. Write your witness statement in your own handwriting or on a word processor. If your witness statement is made only to deal with a discrete issue as part of a larger matter about which you would be able to give more evidence then you should start by explaining that.
Create diagrams and maps. A witness statement is a statement of facts and not opinion, so be aware of any elements of the event you may have a bias about.
You should not forget that you almost certainly will have personal knowledge of the events covered by the witness statement. Only expert witnesses are permitted to give opinion evidence. If this happens, place a page break before the last paragraph before you print it out.
In this regard a word processer is very useful. Make a more detailed timeline based on your recollection of the facts. However the tone should be appropriately formal, having regard to the serious nature of the document.
You should then sign and date the witness statement down the bottom where indicated. Do not leave hostages to fortune. Unless the maker of the statement has an exceptional natural fluency, you will probably find that a statement has to go through several drafts before it reaches a state where it covers all the necessary material in a clear manner, and the witness is confident that it is all accurate.
Convictions may result in a lengthy period of imprisonment. Initial before the first word and after the last word on every page.Apr 08, · As a witness in court, you play a very important part of the legal process.
In a criminal case, what you say and how you say it can keep an innocent person from going to jail or ensure that a guilty person is not set free to commit new crimes.
In a civil lawsuit, your testimony will not usually send 88%(). It is important I tell you how you can use a Witness Statement template to make this clear.
that the couples were legally married should there be any confrontation about their killarney10mile.com may also see legal statements.
1. It can be used in a court of law to act as an evidence that an event occurred that needs justice as witnessed by the. Witness statements must: 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.' and; be signed by the witness and dated.
drafting witness statements: "4 golden rules" directly from the judges who hear the cases July 28, · by gexall · in Civil Procedure, Witness statements I have recommended before that litigators read the guidance for litigants in person.
Writing a Position Statement; A sample child arrangements order; Witness Statements; Signposting List; Witness Statements; Court Bundles; This page has a template of a position/witness statement which can be used in preparing statements to the court.
Witness Testimony by Telephone or Letter. What to do if your witness can't appear in person. requiring a witness to testify in person (but be sure to check your local rules).
It is often preferable to have a witness appear in court, but this isn't always possible. If you present the written statement of a witness, make sure the witness.Download