The witness should also make it clear which statements are made based on a belief, and which are made based on information from a third party.Ī witness can include information they have received from an adviser or a solicitor as long as the source is clear. The witness should be clear about the sources of their information, so the court can identify which statements are made from the witness' own knowledge. This makes it easier for the court and the other party to ask questions and address the points in the statement. Each paragraph should contain one point the witness wants to make. The main part of the statement should be broken into numbered paragraphs. Whether the statement was made with the help of an interpreter The process by which the statement has been prepared Whether they are a party to the court proceedings, or an employee of a party Their occupation (including retired, unemployed) In the first paragraph the witness must state: The witness statement must be written in the first person, in the witness' own words. This is more likely to happen where there is a substantial dispute and the matter is being listed for a trial. Directions often include a deadline for the parties to exchange witness statements. The court can make an order giving directions to the claimant and defendant as part of its case management powers. In housing possession cases they must be filed at court and served on the other party at least two days before the hearing unless the court has made different directions. The Civil Procedure Rules sometimes provide instructions for when witness statements should be exchanged. If there is any doubt about whether a witness statement is needed it is usually safer to submit one. The witness could be prevented from giving oral evidence at their court hearing if a statement is not submitted. Witness statements can also be used to tell the court about something that has happened while the case is ongoing, for example, that evidence has been sent to the other party. It is good practice for the applicant to submit a witness statement in an application to set aside a court order or to suspend a warrant of possession. Ī witness statement is used to communicate facts to the court in many types of claims and applications. The Civil Procedure Rules state that an affidavit can be used in place of a witness statement, but the extra costs of an affidavit are not usually recoverable. AffidavitsĪn affidavit is a statement in writing made under oath, sworn before someone with the authority to administer it, such as a solicitor. They should be set out separately in the statement of case. It contains a sworn statement from the witness about the accuracy of the contents.Ī witness statement must not contain legal arguments, such as references to case law and legislation. Relationship between the parties to the court proceedingsĪ witness statement sets out the witness’ understanding of the facts, and the events that have taken place. Evidence in the witness statementĪ witness statement allows the court to consider evidence about the: If a party wants to rely on the evidence of another person, that person should also submit a witness statement. The claimant or defendant must submit their own witness statement if they want the court to consider their account of the facts. Witness statements are used in many housing and money claims, especially if the case is disputed. Witness evidence must be submitted in the form of a witness statement.Ī witness statement is a formal document that provides the court with the facts of a case. Witness evidence is crucial to a successful outcome in nearly all court cases. Struck out cases and adjourned hearingsĪ party in civil court proceedings often needs to rely on witness evidence as part of their case.County Court legal and administrative staff.Process and rules for taking a case to court.
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