Witness Statements: Legal Requirements and Significance 

If your business is a part of court proceedings for a civil claim, you may need to prepare a formal document known as a witness statement. This written statement contains witness evidence and is essential to help support your case. This article will explain the legal requirements and the significance of witness statements. 

What is a Witness Statement?

A witness statement is a written document used in court proceedings, such as in the commercial court. It describes a witness’ account relating to the dispute and the facts as they believe them to be true. A witness may have to attend the trial to give their evidence, and if so, the other party’s legal representative may cross-examine them. 

What Are the Legal Requirements for Witness Statements?  

You must follow the legal requirements associated with witness statements. Not only are these significant as they are a legal requirement, but also because there are consequences for failing to follow these. Below, we list some of the legal requirements related to witness statements. If asked to write a witness statement, it is wise to get legal assistance from a litigation solicitor. 

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Writing a Witness Statement

When writing a witness statement, you can use a template provided by the court. The witness statement must comply with Part 32 of the Civil Procedure Rules and Practice Direction 32. This includes the format of the witness statements and what is required within it. If you do not follow this, the court may not allow you to include the witness statement or claim costs for preparing it. When writing a witness statement:

• try to write the facts chronologically;
• ensure it is written in your own words;
• ensure you understand it; 
• it must factually contain what you believe are the facts;
• where referring to documents, put these in an exhibit in chronological order and ensure each page is numbered; and 
• it can be signed electronically. 

Statement of Truth

A legal requirement for witness statements is to verify them with a statement of truth. Otherwise, you may be unable to use the witness statement at the court trial. Rules relating to statements of truth can be found in Part 22 of the Civil Procedure Rules. A statement of truth shows that you honestly believe your witness statement is true and accurate. 

Exchanging Witness Statements

When you are a party to court proceedings, you must file your evidence with the court. This, therefore, includes any witness statements. The court often asks you and the other party to also exchange your witness statements. This is useful for you as you can see your opponents’ evidence, and it could reveal mistakes that you can deal with before the court trial. This can be done through a supplemental witness statement. 

Consequences Relating to Witness Statements

There are consequences relating to the legal requirements of witness statements. Therefore, it is essential to get your statements right. For example, if you make a statement of truth or false evidence or allow our legal representative to do so on your behalf, this is contempt of court, which is a serious offence.

Key Takeaways

A witness statement is a written piece of evidence that relays a witness’s version of facts. These are significant to a court case as they can support and dispute a party’s argument. Also, witnesses can be cross-examined on these. You must comply with the legal rules relating to witness statements. Not doing so can have consequences, such as the witness statement not being used as evidence and even contempt for court proceedings. Rules relating to witness statements include, for example, that a statement of truth must accompany them and that you may need to exchange witness statements with the other party. There are also rules related to writing your witness statements, such as that they must be written in your own words. Rules related to witness statements can be found in Part 33 Civil Procedure Rules and Practice Direction 33. 

If you need to prepare a witness statement, our experienced disputes and litigation lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. So call us today on 0808 196 8584 or visit our membership page.

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