what is a personal statement for court

How To Write A Statement For Court

Last Updated on May 11, 2022 by Fair Punishment Team

Whether you are the plaintiff, the defendant, or another witness in a court case, you will probably have to write a statement for the court.

Statements from key parties and witnesses in court cases are often made under oath. Such statements constitute crucial pieces of evidence and help to determine the overall outcome of the case.

The smaller details of writing a statement for court will vary depending on the nature of the case, which court the hearing is taking place in, and your role within the case.

The Purpose Of A Court Statement

The purpose of a court statement, in general, is to present an overview of one party’s truthful experience of the events that led to the court case.

You may be asked to give either a formal or informal statement in court. A formal statement is often interchangeably referred to as an Affidavit.

A notarized (sworn) statement or Affidavit carries more weight in terms of evidence than an informal statement.

1. Establish Your Timeline

Before you start writing your statement, make sure that you have a clear timeline of events established in your mind – and, if possible, through documentation.

2. Formulate A Title

Your statement will need a title. This can be as simple as ‘Statement/Affidavit of [ ]’ followed by the case caption.

3. State Who You Are

This should be concise, including only facts that are important to your identity and the case. For example: ‘My name is [ ]. I am [ ] years old. I live at [ ] and work as a [ ]. I am the [ ] of Mr/Miss/Mrs/Ms [ ].’

4. Be Honest And Specific

Many people worry about the process of writing down their version of events for a court statement, but this part is actually very simple (although it may take a long time depending on the complexity of the events you are recounting).

If you can’t remember a specific detail or moment from the event, it is much better to be honest and say that you don’t remember than to write down something you’re unsure about.

5. Use Your Own Words

Of course, you want your court statement to read clearly and be appropriate for reading in a formal setting. For this reason, your statement may sound slightly more formal than you would in your day-to-day life.

However, it’s very important that you write your statement in your own words. Your statement should not sound as though anyone (especially not your lawyer) has written it for you or put words in your mouth.

6. Don’t Speculate

You might not be able to provide supporting evidence for every fact in your statement, but you can’t include any speculation of what might have happened or what you imagine happened.

7. Summarize

Before you go through the last legal formalities of completing your statement or Affidavit, you should briefly summarize the events and facts you have recalled in the statement.

You don’t need to go into everything in detail all over again – just provide a short statement to reiterate the main points you have made in your testimony.

8. Notarize

If you have been asked to write a formal Affidavit or sworn statement for court, you will need to have it notarized before it can be read in court.

Final Thoughts

Being asked to write a statement, especially a sworn statement, for court can be a nerve-wracking experience. However, the process is actually quite simple with a little direction.

If you have been asked to give a sworn statement or Affidavit, you will also need to write a title that includes the court caption and have the completed Affidavit notarized before signing it in the presence of a licensed witness.

How to Write a Statement for Court: A Comprehensive Guide

Table of Contents

When you are asked to write a statement for court, it is essential to understand the gravity of the situation. Your statement can make a significant difference in the outcome of the case. A well-written statement can strengthen your case and help you win the case, while a poorly written one can damage your chances of winning. In this article, we will guide you through the process of writing a statement for court, step by step.

Understanding the Purpose of Your Statement

Gathering information and evidence.

The next step is to gather all the information and evidence related to the case. This includes any documents, photographs, or other evidence that supports your version of events. Make sure to organize the evidence and keep it handy while writing the statement.

Organizing Your Thoughts

Writing the statement.

Now that you have organized your thoughts and gathered the evidence, it is time to start writing the statement. Start by introducing yourself and your relationship to the case. Next, provide a brief overview of the case and the events leading up to the incident.

Editing and Proofreading the Statement

Once you have written the statement, it is time to edit and proofread it. Read the statement several times to check for any grammatical errors, typos, or inconsistencies. Make sure the statement is clear, concise, and well-organized.

Submitting the Statement

After editing and proofreading, it is time to submit the statement. Follow the instructions provided by the court regarding the submission of the statement. Make sure to submit the statement within the given timeframe.

A statement for court is a written record of your testimony and your version of events related to the case.

A statement for court can make a significant difference in the outcome of the case. A well-written statement can strengthen your case and help you win the case.

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How To Write A Statement For Court: Tips & Strategies

Feeling behind on AI?

Crafting a statement for court can seem daunting, but it's crucial to present your case clearly and effectively. Whether you're preparing a witness statement or your own account, the impact of well-chosen words cannot be underestimated. This guide will walk you through the essentials of structuring your thoughts and articulating them in a manner that resonates with judicial expectations.

You'll learn how to outline relevant facts methodically, ensuring nothing vital slips through the cracks. From keeping your language simple and straightforward to adhering strictly to the truth, every tip aims to bolster your confidence as you prepare this important document. Let’s dive into making sure your voice is heard accurately and powerfully in the courtroom.

Understanding the Purpose of a Court Statement

Grasping the purpose of a court statement is pivotal in crafting your narrative effectively. This section arms you with insights to distinguish between various legal statements and understand their impact in court proceedings.

Types of Legal Statements

Recognize that different situations call for distinct types of statements, each serving unique purposes:

• Affidavits : Sworn statements written under oath, typically used when witness testimony cannot be provided in person.
• Declarations : Similar to affidavits but not sworn before a notary; appropriate for less formal matters or jurisdictional requirements where an oath isn't necessary.
• Victim Impact Statements : Offer victims the opportunity to speak during sentencing or parole hearings, describing how the crime has affected them.

This variation demands that you choose your format based on the specific needs and stipulations of your case.

Impact of Your Statement in Court

The influence of your statement extends beyond mere documentation:

• Establishes Facts: Your statement forms the backbone of your narrative, presenting essential information that influences judicial outcomes.
• Influences Decisions: Judges and juries consider these details critically, impacting rulings on guilt, sentencing, or civil liability judgments.
• Affects Perceptions: The clarity and sincerity of your presentation can shape how judicial officers view your credibility and reliability.

Understanding these impacts helps ensure that you approach your statement creation with due diligence and care.

Preparations Before Writing Your Statement

Before drafting your court statement, careful preparation ensures accuracy and compliance with legal standards.

Gather Relevant Documents and Evidence

Collect all pertinent documents and evidence before starting your statement. These might include contracts, correspondence, photographs, or any other materials relevant to the case. Organize these items chronologically for easy reference while writing. This organization aids in constructing a factual narrative that supports your position in court. Examples of crucial documents are police reports in criminal cases or medical records in personal injury disputes.

Understand the Legal Requirements

Familiarize yourself with the specific legal requirements pertaining to your type of statement. Each type of court statement—whether an affidavit, declaration, or victim impact statement—has unique rules regarding format, content, and submission procedures. Consult legal texts or seek advice from a legal professional to ensure compliance. If you understand these requirements thoroughly, you can tailor your document effectively to meet them without needing amendments later on.

Crafting Your Court Statement

Crafting an effective court statement involves careful preparation and clear communication. Follow these guidelines to ensure your statement is both compelling and compliant with legal standards.

Starting Your Statement

Begin by identifying yourself, the case, and your relationship to it. State your full name, address, and any other identification details required by the court at the start. If you are a witness, specify this; if you are directly involved in the case, clarify your role clearly.

• Provide Identification : Include personal information that verifies who you are.
• State the Case Details : Mention the case number and the names of parties involved.
• Clarify Your Connection : Explain how you are connected to the case.

These initial elements set up a contextual foundation for everything that follows in your statement.

What to Include in the Body

The body of your court statement should be structured around presenting factual information relevant to the case:

• Outline Relevant Facts : List events chronologically as they happened.
• Present Evidence : Describe documents or statements that support your claims.
• Stay Objective : Focus on providing facts rather than opinions or emotional responses.

Each point should be supported by specific examples:

• For outlining relevant facts : "On June 5th, 2023, I witnessed..."
• In presenting evidence : "Attached emails dated July 7th demonstrate..."

By structuring information in this way, ensure all crucial details pertinent to understanding and resolving the case effectively get highlighted properly without overwhelming or confusing readers with unnecessary detail or subjective commentary.

Concluding Your Statement

When finalizing your court statement, ensure it ends with a strong conclusion that reinforces your position and summarizes the key points discussed. This section guides you through crafting an impactful ending to your statement.

Review Key Points

Begin by reviewing the main arguments and evidence you have presented. Summarize these elements succinctly to remind the reader of their significance. If your statement covers multiple issues, group related points together for coherence. For instance, if discussing damages in a civil case, highlight the evidence supporting your claim about the extent and nature of these damages.

Reinforce Your Position

Assert your stance firmly in the conclusion. Use clear and decisive language to restate why your perspective is justified based on the evidence provided. Avoid introducing new information here; focus solely on drawing conclusions from what has already been stated.

Link Back to The Introduction

Create a cohesive narrative by linking your conclusion back online at www.google.com/search?q=linking+the+conclusion+back+to+the+introduction&rlz=1C1GCEA_enUS799US799&oq=linking+the&aqs=chrome.0.the introduction of your statement. Refer back to any claims or goals mentioned initially and demonstrate how they have been addressed throughout the document.

Call For Action (If Appropriate)

In some cases, such as victim impact statements or certain legal declarations, it might be appropriate to end with a call for action. Clearly state what outcome you desire from presenting this statement in court. Whether seeking specific reparations or a particular ruling, make sure this request is direct and justified by everything previously outlined.

By following these guidelines, you craft not only a comprehensive but also compelling conclusion for your court statement that underscores its purpose and bolsters its persuasive power.

Reviewing and Editing Your Statement

After drafting your court statement, the next crucial steps involve reviewing and refining it to ensure accuracy, compliance, and effectiveness. This phase enhances your document’s ability to communicate clearly and meet legal standards.

Check for Legal Compliance

Review your statement to confirm it aligns with legal requirements pertinent to the case. Legal compliance involves several key factors:

• Verify Accuracy of Facts : Double-check dates, names, places, and other specific details against documented evidence.
• Align With Legal Standards : Ensure that the content adheres to the legal framework of the jurisdiction involved in the case. If necessary, consult a legal professional to verify that your statement meets all required legal criteria.
• Maintain Formal Tone : The language should be formal and devoid of colloquialisms or slang.

Legal professionals often recommend having an attorney review your statement if you are unsure about legal terminologies or implications.

Proofreading for Clarity and Grammar

Proofreading is essential not only for correcting typos but also for ensuring clarity in communication:

• Check Grammar and Spelling : Utilize tools like grammar checkers or have another person read through your statement to catch potential errors.
• Ensure Clarity in Language : Avoid complex sentences or jargon that might confuse readers. Instead, use clear and concise language.
• EDUCATE Yourself on Effective Writing Techniques : Understand active vs passive voice, proper punctuation usage (especially in complex sentences), and how these affect readability.

Taking time to thoroughly proofread your court statement can greatly influence its perception by making it more readable and professional.

Tips for Writing an Effective Court Statement

Crafting an effective court statement demands precision and clarity to ensure your message resonates with the judicial system. Below are strategies to enhance the effectiveness of your statement.

Be Concise and Focused

Maintain a concise and focused approach in your court statement . Start by stating only the essential facts relevant to the case, avoiding unnecessary details that do not support your position or add value to your argument. Organize information logically, presenting it in a clear sequence from introduction to conclusion. This structure enables judges and legal professionals to follow your points easily, making a strong impression quickly.

• Identify Key Points : Begin by listing key points such as dates, events, and involved parties.
• Structure Logically : Arrange these points chronologically or according to their importance.
• Limit Explanations : Provide just enough background for understanding but avoid digressing into irrelevant areas.

Use Clear and Respectful Language

Choose clear and respectful language when writing your court statement . The tone should remain formal yet accessible, reflecting respect for the court and all parties involved. Avoid jargon unless necessary; if technical terms must be used, define them briefly within the text. Remember that simplicity aids understanding while maintaining professionalism.

• Avoid Slang and Colloquialisms : Stick to standard English without informal expressions.
• Use Precise Terms : When legal terms are unavoidable, include simple definitions.
• Maintain Formality : Uphold a polite tone throughout the document regardless of emotional circumstances surrounding the case.

These tips help sustain directness in communication while respecting judicial decorum—an alignment that significantly contributes to crafting statements capable of influencing outcomes favorably in courtroom settings.

Troubleshooting

When crafting a court statement, you may encounter challenges like managing emotional content and handling sensitive information. Addressing these issues effectively ensures your statement remains clear, professional, and impactful.

Addressing Emotional Content

Manage emotional expressions carefully in your court statement. Emotions can underscore the seriousness of your situation but should not overshadow the facts. Start by acknowledging your feelings without letting them dominate the narrative. Balance emotion with factual data; for example, if discussing a distressing event, pair emotional reactions with specific dates or actions taken that are relevant to the case. This approach keeps your statement grounded and focused on the objective evidence.

Handling Sensitive Information

Protect sensitive information while maintaining transparency in your court statements. Begin by identifying what constitutes sensitive information—personal data, confidential details about others involved, or legally protected information such as minors' identities or proprietary data. Use general descriptions instead of specifics when discussing these elements to safeguard privacy yet provide necessary context. If detailed disclosure is unavoidable, consult legal advice to ensure compliance with privacy laws and court regulations before submitting your statement. This precaution helps avoid legal repercussions and maintains integrity in your documentation process.

Common Issues and How to Avoid Them

In crafting court statements, certain pitfalls can detract from their effectiveness. Identifying these common issues and implementing strategies to avoid them ensures your statement remains impactful and pertinent.

Over-Explaining or Straying Off Topic

Focus on conciseness; excessive details dilute the strength of your argument. To stay on topic, create an outline before writing your statement. List the key points you need to cover, such as personal identification, case specifics, relevant facts, and supporting evidence. Each section should directly support your main purpose without diverging into unnecessary narratives. For instance, if discussing a financial dispute, focus solely on the transactions in question rather than delving into unrelated past business dealings.

Failing to Stick to the Facts

Maintain factual accuracy by consistently referencing documented evidence or witnessed accounts. Avoid speculative language that could undermine your credibility in court. Phrases like "I believe" or "It seems" should be replaced with definitive statements supported by data or testimony. Ensure each fact presented is verifiable through documentation or credible sources—court decisions rely heavily on substantiated information rather than personal opinions or unverified claims.

Writing Effective Court Statements with ChatGPT

Achieving the goal of crafting a clear and impactful court statement can be streamlined with the assistance of ChatGPT.

By following a structured prompt, you can ensure that all essential elements are included and articulated effectively.

Use the following prompt to guide your writing process:

Help me draft a court statement for [type of case]. My full name is [your full name], and my address is [your address]. The case number is [case number], and the names of the parties involved are [names of parties]. I am [your role in the case]. Here are the relevant facts: [list events chronologically]. I have the following evidence: [describe documents or statements]. My goal is to [desired outcome]. Please ensure the language is formal, concise, and respectful, maintaining a clear focus on the facts and legal standards.

By using this prompt, you can effectively communicate your narrative, ensuring that your voice is heard accurately and powerfully in the courtroom.

Crafting a compelling court statement is essential in shaping your legal journey. As you've learned, meticulous preparation and strategic execution are key to making your voice heard effectively. Ensure you're armed with all necessary documents and factual evidence while keeping emotions in check to uphold professionalism. Remember that every word counts; focus on clarity and precision to make the most impact. By following these guidelines, you'll enhance your ability to communicate clearly and influence outcomes favorably in any legal setting. Take this knowledge forward—your well-prepared statement can truly make a difference.

Frequently Asked Questions

What is the importance of careful word choice in court statements.

Careful word choice in court statements ensures clarity and precision, helping to convey facts effectively and avoid misunderstandings that could impact the outcome of a case.

How can preparation improve the effectiveness of a court statement?

Preparation improves the effectiveness of a court statement by allowing for thorough evidence gathering, organization, and understanding legal principles. This results in a more structured, compelling presentation in court.

What should be included in an effective court statement?

An effective court statement should include personal identification, detailed case information, relevant facts, supporting evidence, and maintain objectivity to ensure credibility and focus.

How does the impact of a court statement extend beyond mere documentation?

The impact extends beyond documentation as it influences judicial outcomes and perceptions by providing clear, organized testimony that supports legal arguments.

What are common pitfalls to avoid when crafting a court statement?

Common pitfalls include over-explaining details not pertinent to the case, straying off topic, and failing to adhere strictly to verifiable facts. Avoiding these helps maintain professionalism and clarity.

What strategies can enhance the credibility of a court statement?

Strategies like maintaining conciseness, staying focused on relevant issues, and ensuring all claims are supported by documented evidence or witness accounts significantly enhance credibility.

How should emotional content be handled in court statements?

Emotional content should be managed carefully; while conveying human elements of your narrative is important for empathy, it’s crucial to balance emotions with factual accuracy and relevance to the legal aspects being addressed.

Hall Ellis Solicitors

Preparing your Witness Statement for Court: step by step (with template)

When you have to make a witness statement for court, you can avoid slip-ups.

Slip ups in witness statements make your life harder. They force you to take steps to defend what you say in court.

That might be avoidable.

Getting it right the first time has other advantages.

Avoiding mistakes gets you into a position to focus on advancing your own case. Structure your witness statements properly and cover what needs to be covered.

Below, we give some suggestions on how to prepare witness statements. We also give the low down on some of the processes that courts are likely to go through to assess and verify what you say in your witness statement.

We've also included a template witness statement below to get you started.

What are witness statements?

Witness statements are formal court documents.

They're made by witnesses to:

• set out evidence to prove the facts alleged by a party in the particulars of claim , defence or other statement of case
• in civil disputes, satisfy the burden of proof , which is on the balance of probabilities .  

Witness statements:

• are the main way courts receive evidence
• may be made for the purposes of supporting an application for interim relief (such as an injunction) or relied on at the trial in court disputes
• have the same general form in civil proceedings in England, whether they are used in disputes relating to contracts, work, car accidents, or disciplinary proceedings.

It's important to get right the first time (or as right as possible), because when they are signed, they're supported by a statement of truth .

First, the basics.

Then we show how witness statements are tested and challenged.

Contents of witness statements

If you are making a witness statements it should:

• be written in your own words, in the first person
• state facts within your personal knowledge, and if not
• specify the source of the information or belief is not within your direct knowledge
• not give opinions, unless you’re an expert
• exhibit documentary evidence to support the statements made
• follow the chronological order of events
• use numbered paragraphs so that different parts of it can be referred to quickly and easily.

It should include all the evidence that you are able to give to assist the court decide the case. More on this later under the heading, "Testing your Witness Statement".

Format wise, statements should be printed on a single side of A4 paper, and have a left margin of 35 mm. (We’ve been using 20 mm margins for years, and have never been criticised for it).

The conclusions and opinions that I come to below is sourced from a wide variety of disputes in civil proceedings. I don’t pretend that there is only one way to draft a witness statement. Each witness statement will depend upon the circumstances in which is it is required.

What is clear is that you need to think through what you say your witness statement, and the corroboration that you can use to support what you say. It will give you more credibility and make it harder to criticise what you say in your witness statement.

There are at least two ways that you can prove what you say. You can:

• produce evidence that directly supports what you say. For instance, if you say a company exists, you would exhibit a page from the relevant Register of Companies in your statement, from here; or
• produce evidence which tends to show what you say is true. Let's say you wanted to prove that you were in a particular place at particular time. You could produce credit card statements showing that you bought something from a shop near the venue, or a WhatsApp conversation which shows communications with the person you were about to meet, that you were running late.

When are witness statements used?

Witness statements are a fundamental tool in the civil justice system.

There are only 3 ways to for the court to receive evidence. Witness statements (and affidavits with them), oral evidence (in cross-examination and re-examination) and by judicial notice.

Courts use the evidence filed to decide issues:

• at the trial: The trial takes place after all of the preparation been completed. All of the parties, their witnesses, their experts (if any) come to court for the dispute to be heard and decided by the judge. At the trial, the witness statements prepared for the trial will almost always include "lay witness statements" (lay evidence). Lay evidence is just evidence which 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.
• Freezing Orders: preserve property pending the trial
• Search Orders: preserve evidence pending the trial
• Quia Timet Injunctions: prevent continuation of unlawful conduct pending the trial
• strike out applications
• summary judgment applications
• setting aside default judgment

The form of witness statements

First page: case title.

Witness statements have a prescribed form. Witness statement should set this information out on the first page:

• the title of the proceedings
• the name of the person making the statement
• the party to the proceedings on whose behalf the statement was made
• the exhibits made in conjunction with the witness statement
• the date it was made
• the number of witness statement of the witness making the witness statement.

The case title makes it clear on the first page the legal proceedings witness statement is made for, and who made it.

Section: Identifying yourself

Following the case title comes a statement identifying the deponent - the person signing the witness statement.

It has a prescribed form:

"I, [name], [occupation], of [address] will say as follows:"

If the witness statement is made in a business capacity, the address should be your work address. Otherwise it is your home address.

If you are unemployed or retired, those words replace the space provided for the "occupation" of the person.

Why does it say, " will say as follows"? Aren’t I saying it now, when I sign it?

Good question.

Court procedure in England changed in about 2000. Prior to that, witness statements were not prepared before the trial. The witnesses just showed up and gave oral testimony in person. That would be the first the other party ever heard what the witness would say.

Each party had their own witnesses which they would call to court to give evidence in their favour. Their oral testimony for the party that calls them is known as their "evidence in chief". After they gave their evidence in chief, the opposing party would then have an opportunity to cross-examine them.

After cross-examination, the party that called them would have another opportunity to ask them questions. This was done to clarify anything that came up during cross-examination. This is known as re-examination.

This process still applies but witness statements replace evidence in chief given by oral testimony. Witnesses now give their evidence in chief in witness statements. When you appear at court, you are called for cross-examination.

Section: Preliminaries

Source of evidence.

Well drafted witness statements commence with a statement confirming the source of the evidence given. And then stand by it.

It usually has words like:

The facts set out in this statement are within my own knowledge save where I state otherwise. Where I refer to facts that are not within my own knowledge I will give the source of my knowledge of those facts.

Except where I indicate to the contrary, the facts and matters contained in this witness statement are within my own knowledge. Where the facts are not within my own knowledge, I have identified my sources of information or belief.

Different words, same effect and message. You’ll want to make sure you stand by it in your statement.

It serves as a reminder what of evidence should be given, and what shouldn’t - or can't - be given.

It may sound trivial. It's not. 

In one case, words similar to those above were used in witness statements. But the witness statements didn't stand true to the statement.  In Starbucks  v British Sky Broadcasting Group , the Judge said:

• Despite [using words similar to the words in blue above], some of [the] statements contained information that, as she readily acknowledged during cross-examination, was not within her own knowledge, but without making this clear or stating the source of the information. This is a breach of CPR PD32 18.2 [...]. [I]t inevitably causes unnecessary difficulties for the witness when cross-examined .
• [...] The fault lies with the solicitors who drafted the witness statements. [...] This slipshod approach to the preparation of witness statements must cease. 

Those "difficulties" translate to being asked in cross-examination:

• whether the witness statement as a whole contains the whole truth
• whether there are any other parts of the witness statement which aren't true
• getting you on the back foot, and unsure of yourself when you're under pressure.

Where the source of the information or belief is not provided, it's likely to lead to the evidence given being (at least) heavily discounted and perhaps excluded from evidence which the court is prepared to consider altogether. 

If it's not within your direct knowledge: you didn't see it or experience it, it's hearsay evidence, and of little weight at all.

The purpose of using the wording at the beginning of a witness statement is, in a way, to remind witnesses of the limits of the evidence they can give, and:

• protect you from one of the harsh technicalities of the law, and
• preserve your credibility in the witness box.

Introducing the Deponent - You

Next, introduce yourself, in brief – in one or two sentences. Say who you are, and your background. Some people like to start the narrative (see below) to introduce themselves. Making a brief statement here, and then expanding on it in the narrative section (if necessary) might work better.

Also, this preliminaries section is:

• a good place to say you are related to any of the parties, such as "I am an employee of the Claimant" or "I am the brother of a director of the defendant", if you are, and
• a handy place to define terms and abbreviations that will be used throughout the witness statement, if there are any.

Section: This Witness Statement

It's a good idea to explain why the statement is being made, or the purpose the witness statement is being made early on. This is the place to do it.

Although it may be obvious, your witness statement may be one of many in the legal proceedings.  State why the witness statement has been prepared. You will also save the judge some aggravation by having to work it out for themselves.

This may be a statement that it is made in support of an application notice, in response to an application, or for the trial.

Section: Exhibits

You will often need to refer to documents upon which you rely to state the facts that you state.

If documents are exhibited, it is a good idea to introduce them at this stage.

Also, it is usually a good idea to group exhibits by categories and make separate exhibits for each category.  If they are dated, put them in date order within each exhibit.

See also the heading "Exhibits" below for guidance to arrange them.

If there is one exhibit, it could be introduced with words like:

There is now produced and shown to me a paginated bundle of relevant documents marked [exhibit reference] which I will refer to in the course of this statement in the format "[exhibit reference] / page number".

Where there is more than one exhibit, it is a good idea introduce the contents of each exhibit with a summary of its contents.

More on that further down.

Section: The Narrative

This is the business end of the witness statement. Having set out the context of your witness statement, the reason why it was written, the documents that will be referred to, it is time to tell your story.

Everyone drafts witness statements differently. To make it easy to read:

• Use short sentences and paragraphs, where possible
• Keep it as concise and to the point as possible
• Use correct capitalisation and punctuation
• Avoid huge blocks of text
• It's OK to introduce documents and explain them if they need it, but don't provide extensive commentaries or opinions. That is for arguments to be put to the judge at the hearing.

In this narrative, you're telling your story.

You can only give evidence of what is in your personal knowledge. It helps to have documents which back it up. The exceptions include when someone has told you something, and you believe it. Again, preferably with documents, such as emails or instant message transcripts, if they exist.

It really is difficult to overemphasise the importance of making it clear that facts of information and belief (and not within your own personal knowledge), indicating the source for any matters of information and belief. It's an important distinction to make, because one is direct evidence, the other is not.

Other things to bear in mind:

• If you refer to someone, introduce them by giving their full name and position or role with their employer, or some other description to explain why you are mentioning them
• If you refer to a company or incorporated legal entity, state its full name, address and the sort of business it is engaged in (software developers, mechanics, consultants or suppliers as the case may be)
• If you have any doubts or reservations about what you say, state them. You don’t want to be accused of misleading the court by leaving a false impression.

If possible, include answers to questions that you are likely to be asked by someone reading your statement. You’re likely to be asked in cross-examination anyway in due course.

Section: The Ending – The Statement of Truth

Witness statements have to be signed with a statement of truth . The statement of truth for witness statements is:

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Statements of truth verify that you believe the facts stated in the  document to be true and accurate: you have an honest belief in the truth of what you say.

You sign and date the witness statement under the statement of truth.

The capacity of the person making the witness statement should be made clear.

For instance, where the claimant is an individual and signs the statement of truth, it might appear like this:

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. ........................................ Ralph Rogers The Claimant [date]

If the witness statement is made for a company which is say the second defendant in the case, it would read like this:

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. [signed] ........................................ Ralph Rogers [Director] [Chief Operating Officer] for the [Second] Defendant [date]

The exhibits should be completed, printed and in front of you, with the witness statement at the time that you sign it. Sure you can do it electronically.

But you'll want the exhibits to be in a single document (usually a PDF), paginated and with the exhibit coversheet so that there can be no confusion about what the exhibits contain. We prefer to print everything and then scan everything after it's all signed. It's a safer approach to avoid muddling the order of documents. 

Nothing should be changed in the document after you sign it. If you want to make changes, you should re-prepare another version for signing and sign it all over again.

Before you serve it. 

The consequences of signing a witness statement or other document verified by a statement of truth -  without a genuine belief in the truth of what is said in it  - are well, serious. 

Changing your witness statement

After you finish and sign your statement, your recollection may change. You need to consider whether you need to put in another witness statement to avoid the other party – and the court – being misled by your witness statement. The changed evidence should be part of a further witness statement, which is served on the other parties.

Statements of truth used for expert evidence differ. The reason is that experts owe an overriding duty to the court. More on that below.

Preparing Exhibits to Witness Statements

Documents which are referred to in a witness statement are organised into one or more exhibits. They are part of the witness statement, although the exhibits may not be attached to it. When you sign the witness statement, each exhibit should be:

• have numbered pages (bottom right-hand corner; "1", "2", "3" and so on), or even better [Exhibit Reference] / [page number], and
• have an exhibit cover-sheet.

The numbered pages allow you to refer to page numbers of the exhibit in your witness statement. You can find the page to the exhibit in your witness statement at hearings quickly.  It is better for both you and the judge (which is the person you’re trying to impress). An index to exhibits really helps as well when they contain many documents, because it helps locate individual documents in large exhibits.

If there are many documents and they can be categorised, they really should be split up into different exhibits. 

Suppose a person named Ralph Rogers makes a witness statement. It has 3 exhibits. Let's say it's his second witness statement. His first witness statement had two exhibits, "RR01" and "RR02".

The exhibits to his second statement would be marked "RR03", "RR04" and "RR05". Each would be stapled separately or put into a folder where there are lots of pages which are too big to be stapled.

Check out the template exhibit cover sheet below.

It is a good idea to exhibit documents in this way because:

• the documents support your case
• it serves as a reminder to you of why you said something in your witness statement
• it's more difficult to criticise your witness statement for lack of documentary support
• you protect yourself by ensuring that what you say is referable to a specific document 
• when you refer to a document, you are able to refer to different parts of it, with the context of what you say in your statement
• if there is anything unusual about the document, you are able to comment on it
• the judge will be able to see what you are talking about, rather than have to work it out or guess what you are talking about (and then seek clarification at the hearing)
• your cross-examination will be either be harder or more focused, because you've kept yourself what you can say, without sounding like a removed strange person that draws wild and baseless conclusions.
• if any of the pages are illegible because the printing is faint, you should type up a copy and exhibit it with the best copy you are able to make of the poor quality document No point putting in evidence that the judge and the other parties can't read
• bundles of letters, emails and messages (such as WhatsApp and text messages) should be in chronological order, so that the earliest letter is at the top and the most recent at the bottom.

Finally, at the same time you sign the statement of truth, you must verify that each exhibit is authentic. You do so by signing (or writing and signing) a statement on the exhibit cover sheet.

The statement usually says:

I verify that this is the exhibit marked '[exhibit reference]' to my [number] witness statement dated [date].

By the way, it's a good idea to spell out the date, rather than use the format "04/05/[year]". You'd use "4 May [year]". 

Writing a Good Witness Statement

The importance of context.

When preparing your witness statement it's a good rule of thumb to exhibit documents to the witness statement which support the facts you state. 

For instance, suppose you are in a case where the other party alleges that you misappropriated their confidential information , and then used it to make a copy their invention.

In this hypothetical, you didn’t. You made it yourself, independently of the other party over a period of months or years.

To make out your defence, you need a witness statement for trial. The court will be interested to find out how you developed your own invention. It would make sense to cover the development process, step-by-step over time.

Turn of Events

You could just tell the story that:

In one month you were doing research, then you created the proof of concept in the next month. After that might come the internal testing and analysis of results. Then you released the minimum viable product and did marketing, testing and received some feedback. And it was after that was the first you heard of the claimant: when they wrote to you claiming that you'd copied their invention.

Bare statements of fact setting out a chronology of events is, well, better than nothing. But it has little weight. There is no independent evidence to support what you say.

Documentary Support for Witness Statements

Let’s say that after you prepare that basic chronology, you go off to your archives. You start looking for documents and materials which support what you say.

Like emails and notes that show the timing of events in the development.

Here’s what you mind find:

• notes of your observations of testing, results of failed tests, notes for improvements
• performance results from proofs of concepts
• versions of the invention
• email communications with potential suppliers
• discussions with others in the market
• social media posts
• photographs of materials used in your research
• contracts with suppliers engaged
• photographs from trade shows

This sort of evidence is "relevant" because it shows – or tends to show – that you were developing and did develop the invention independently of the person who says you didn't.

Think about it.

If evidence of this sort is included, your witness statement moves from being an unsupported story, to one backed by evidence which holds its own weight. And a good arguable defence.

The documents you have found add credibility and believability to the witness statement.

And it's the same with causes of action other than breach of confidentiality , such as the common claims encountered in commercial litigation such as:

• breach of contract
• civil fraud
• negligent misrepresentation
• conversion , or
• conspiracy .

Often a story can be told and details are left out for brevity or impact. Witness statements are not the place to do this. If you know anything and it is left out, which leaves what is said in the witness statement untrue or misleading, you really do need to include the extra information.

You need to be able to stand by the statement and tell the truth, the whole truth and nothing but the truth. Crime dramas might have made this sound a bit stale, tied or a bit worn.

You need to re-sensitise yourself to the truth when you are preparing your witness statement.

To get a sense of how courts treat misleading information, check out this article on clean hands .

Self-contained

Ideally, the reader of your witness statement shouldn’t have to refer to any other document to understand your witness statement.

This doesn’t mean duplicating copies of documents across multiple witness statements. For instance, it’s usually quite OK to refer to documents exhibited to someone else’s witness statement.

If any jargon or industry specific language needs to be used, it should be explained succinctly.

So if you need to refer to say, software-as-a-service, you might add that it is services delivered by software from a central server in a web browser, where the user does not have a locally installed copy of the software.

Proofing your Statement

Hopefully, you will not find yourself in a position where you need to sign your witness statement on the same day that you have to file and/or serve it. You're better off if you plan to have a final version ready for proofing 7 days before it needs to be filed and/or served. 

When you are reading over your statement, try to spot ambiguities and gaps in reasoning or the flow of the statement. If there are gaps, fill them in so that each step follows logically and sensibly from the previous statement (or heading). 

If you've told the story - the narrative - in the sequence that they took place (ie chronological order), they'll be obvious.

Don't think that if you mix up the order of events that the other party won't spend time finding the gaps and inconsistencies. Assume that effort will be made, because cross-examination is truly devastating to a witnesses' credibility: ie "believability".

Opinion Evidence

Some straight-talking.

Court decide facts based on the evidence, on the balance of probabilities . Witness statements are used to prove facts which are alleged in statements of case. 

It is not for witnesses to express opinions or arguments. Sure explain the evidence presented if it does not make sense.

One of the unique features of courts is that the judges form their own view from the evidence, and decide the facts. The advocate - usually a barrister if the other party is legally represented - present arguments to the judge based on the evidence before the court. They also make submissions on glaring omissions and inconsistencies in witnesses' evidence.

You really do devalue your witness statement when you state opinions.

If a court needs an opinion, it will make orders in case management directions for the parties to have a qualified expert to receive relevant evidence from the parties and prepare a formal expert report. In that report, the expert may express a reasoned opinion based on the evidence set out in the report.

Otherwise, some courts have some tolerance for opinions. You'll want to make sure the opinion is supported by what you say in your witness statement. This is so that opinion can be proved - or at least demonstrated - objectively.

So your witness statement is not the place for:

• personal opinions
• prejudicial comments criticising others
• opinions on the issues in dispute in the court proceedings, which the court needs to decide.

Try to avoid giving opinions unless you are formally qualified to give one, and it is objectively provable.

The Trial: Some Context

The more important witness statements in legal proceedings are used at the trial. There's a lot to think through and do if you're representing yourself in court.

When you are to appear at the trial as a witness though, you're usually invited to sit in court and listen to the evidence of the other witnesses.

If however some unfair advantage might be obtained – or perceived to be obtained – you might be asked wait outside court until you are called to give evidence.

Above, we mentioned the old procedure of giving evidence in chief orally.

You are at court to be asked questions about what you have said in your statement to assist the court arrive at the truth.

The Truth in Witness Statements

Even if you're a party to the proceedings, it's your overriding duty to tell the unvarnished truth, politely and respectfully. If you start to advocate your own case or take a side, everyone notices.

All witnesses are still sworn in today. Part of the oath or affirmation are the words, that the evidence you will give will be "the truth, the whole truth, and nothing but the truth".

Let’s break this down:

• the truth: Simple. Tell the truth.
• the whole truth: Don’t leave anything out that would make your evidence misleading. For instance, if you were told that something happened and didn’t see it yourself, say so.
• nothing but the truth: Don’t twist anything to give the wrong impression.

And so it should be with your witness statement.

Witness statements are taken as the evidence in chief of the witness at the trial unless the court orders otherwise. Evidence in chief is the evidence that the witness gives in support of the case of the litigant for whom the statement was made.

At the trial, witnesses are usually limited to speaking to matters referred to in their witness statement, unless there is a good reason to expand upon those matters.

Witnesses are required to attend court for cross-examination by the opposing parties in the litigation if required to do so by the court or the opposing parties. Where witnesses do not appear for cross-examination, the evidence is treated as hearsay evidence and of no value or weight.

Cross-examination may relate any matter that the witness is able to deal with in respect to the issues in dispute in the litigation and your credibility.

As such, cross-examination is not limited to matters referred to in the witness statement – including statements made outside court which are inconsistent with the evidence given in the witness statement.

When you are questioned in court

The dynamic in court is this.

Barristers ask you questions.

The barrister is really asking questions on behalf of the judge. So when the barrister asks you questions, you look at them.

When you answer the question, you look at the judge.

Once you've completed answering the question, you look back at the person asking you the questions.

• Can you be forced to give a witness statement? 
• What can happen if you do not go to court?
• Are witness statements confidential?
• Are Witness Statements on the Public Record?  
• Who gets to see witness statements?  
• What if a witness statement is not signed?
• Differences: Affidavits vs Witness Statements
• Can a witness statement be signed electronically?
• Can you withdraw or retract a witness statement?  
• What is a Lay Witness Statement?  
• What is Expert Evidence?  
• What is the Statement of Truth that experts have to sign?  
• Is a Witness Statement a Statement of Case?

How Witness Statements (and witnesses) are tested

You may wonder how courts assess witness statements and your performance in court.

There are a few established and fundamental principles on how courts go about testing witness statements and the evidence given by witnesses.

Credibility of Witnesses

One of the central concepts here is credibility.

Where a witness maintains their credibility, they are more likely to be believed. Witnesses are assessed in the same way the evidence presented in their witness statement (ie scrutinised to the nth degree) and their performance in the witness box under cross-examination.

Again, the court’s overall job is to decide the truth.

Courts have long recognised that it is difficult to tell whether a witness is telling the truth or not. Courts can take into account any material before the court, and the behaviour of the witness in court.

Judges do this for a living. They are good at it.

Common-sense also plays a large part when assessing a witness, especially where there is a conflict in the evidence. A witness’s motives and overall probabilities of what they say also plays a large part: Robert Goff LJ in  The Ocean Frost ( Armagas Ltd v Mundogas SA [1985] UKHL 11) .

And then, the barristers will be able to make comments on any witness’s performance in the witness box in closing submissions, long after the witness has left court.

Basic methods of checking evidence which are likely to take place include:

• independently provable facts: What you say against will be checked against facts and events which are provable independently of what you say. You can bet that what you say in a witness statement will be checked against all other documentation available, some of which you may not have seen or even know about.
• considering the overall probabilities of what you say: The more unreal and far-fetched your statement of fact, the better your evidence needs to be to prove it. The test here is the balance of probabilities . The balance of probabilities means that the court is satisfied an event occurred if the court considers that, on the evidence, the occurrence of the event was more likely than not. Is it more likely that your story (or part of it) took place, or another person’s version of events on the evidence available? Or none of them?
• supporting evidence for serious allegations: This is an extension of what is said above, or a special case. Courts will assess the inherent probability or improbability of an event. It of itself is a matter to be taken into account when weighing the likelihood of what you say against the other evidence available. This does not mean that serious allegations require a higher standard of proof. Basically, the more improbable the event, the stronger must be the evidence to prove it.  Much depends on the context within which the events are said to have happened. In the case of In Re Dellow’s Will Trusts [1964] 1 WLR 451 it was said, "The more serious the allegation the more cogent is the evidence required to overcome the unlikelihood of what is alleged and thus to prove it".
• whether the witness has lied in respect of a particular part of the case or all of the evidence given
• it may be that the entire case is a lie
• witnesses may lie in "a stupid attempt" to bolster a case.
• cross-examination: Witnesses must be challenged with the other side's case the other side disagrees with the evidence given. This involves putting the case positively, such as "you knew that the traffic light was red, and not green as you say here, don’t you?". Questions like this are an ordinary part of cross-examination. The court is testing your version of events. First it gives you the opportunity to deal with an opposing view or inconsistency. It gives the judge an opportunity to assess your performance on critical issues in dispute, and your demeanour and in the overall context of the litigation.

For these reasons, if your view is inconsistent or at odds with documents before the court, you are likely to be asked questions about it.

This is probably the most important part of cross-examination.

The more serious or outlandish the allegation, the better the evidence needs to be. Trivial or inconsequential statements in evidence are less likely to require documentary support.

If a fact or event is in issue (ie the parties disagree), documentation is likely to be essential. Then documentation created at the time of the event is almost invariably more valuable than documentation created after the event.

Template Downloads:

• Template: Witness Statement
• Template: Exhibit cover sheet 

Make sure you check out this to make sure you have got it right here before you sign off on the statement.

Disputes & Litigation Solicitors

We are experienced civil and commercial civil disputes solicitors , that have been tasked with preparing witness statements and affidavits for applications for interim injunctions and trials in business disputes.

We've seen - and orchestrated - destabilising witness evidence, and picking apart the credibility of witnesses in civil matters. 

As a commercial litigation law firm, we've advised clients on civil lawsuits in many areas of law, including intellectual property, commercial contract disputes, trademarks, trade secrets & fraud claims.

If you're headed for the trial as a witness in a civil dispute or an expert asked to give evidence, or are likely to receive unwelcome questions about what is said in your witness statement, contact us on +44 20 7036 9282 or [email protected] for support to sort out your witness statement to:

• help check it over before you sign it
• minimise the potential of harsh cross-examination
• assess the credibility of your evidence, and how it can be improved 
• check whether you've gone too far in what you've said, or
• need to recover from a position that you'd prefer not to be in. 

It may be that you'd prefer to talk through giving evidence, what to look out for and the tricks of the trade in cross-examination that can catch you out. 

Although we can't tell you what you should say or not say to a court, a better informed witness is usually a better witness for the party you give evidence for.

1.      Can you be forced to give a witness statement?

The simple answer is no.

However with most things in law, it's not that simple.

A party can ask the court to issue witness summons.

These used to be called subpoenas. A witness summons compels the witness to attend court to either:

• give oral evidence, or
• produce documents to the court.

2.      What can happen if you do not go to court?

It would be a contempt of court not to appear on the date specified in a witness summons.

Also, if you still do not appear, you may be ordered to pay the costs wasted by the parties for your failure to appear. Where the parties are legally represented, sum is likely to be significant.

3.      Are witness statements confidential? 

Once your witness statement is served , it may only be used for the legal proceedings for which it is produced.

That rule applies unless or until:

• you give your permission (in writing) for your statement to be used for another purpose, other than in the proceedings for which it was made
• the court gives permission for it to be used for another purpose, or
• the witness statement has been put into evidence at a hearing to be held in public, ie in open court. At that stage any confidentiality which once existed in the document is lost.

4. Are Witness Statements on the Public Record?

The short answer is: almost. 

Witness statements are accessible by parties to proceedings by making an application to the court to inspect the Court's file. In the High Court, these sorts of applications are heard by a Master.

The situation is different with persons who are not parties to the specific proceedings. This includes interested third-parties, newspapers, reporters and journalists.

However, restrictions apply to documents which can be obtained from the Court file.

The following are usually able to be obtained without much trouble, by anyone:

• Statements of Case , which includes the Claim Forms, Particulars of Claim, Defence, Reply to the Defence, Counterclaims, Defence to Counterclaim, Reply to Defence to the Counterclaim and Further Information and Clarification
• Judgments and Orders made in public are usually able to be obtained without much trouble.

Witness statements, communications between the parties, and the parties and third parties are available for production from the public record provided the court gives permission.

An application notice must be filed to obtain that permission. A hearing is likely to be required.

A party and/or any person named in a witness statement may apply for an order that production of the witness statement is:

• not available to person who is not a party to the proceedings
• restricted to specified classes of person or named persons  
• subject to removal, redaction or otherwise edited in accordance with the order of the court prior to production

In every case, the court will want to know why the application is made, and most likely what uses to which the witness statement will be put, if access is granted. 

5.      Who gets to see witness statements?

Firstly, the party that asked you to prepare the statement will have a copy. If they are legally represented, their solicitors will see it. If they have a barrister, they will see it too.

If there are other witnesses, it may be that they shown your witness statement. Then the party that asked you to prepare it will see it.

It may be that your witness statement is relevant to an expert report which an expert needs to prepare for the trial. The expert would also receive a copy.

As part of the preparation for trial, case management directions are made early in the case.

These case management directions set the timetable for different stages, usually up to the trial. The trial is when the solicitors, witnesses and expert witnesses appear before a judge so that the case heard and the judge can decide the case.

The case management directions will require the parties to exchange witness statements. A date is fixed for exchange in the case management directions. At that stage the other side will receive a copy. If the other side is represented their solicitors, barrister and perhaps an expert may also see it.

When you appear at the trial for cross-examination, the judge will also have a copy. 

The Civil Procedure Rules also provide that a party must have copies of witness statements available for members of the public. This is so that the public are able to follow what happens in court. So, members of the public may also receive a copy.

6.      What if a witness statement is not signed?

In our language, the witness statement:

• would carry "no weight" because it is not endorsed - or verified - by a statement of truth
• may be excluded from evidence which the party is able to rely on altogether at the trial.

That means that the statements made in the witness statement could not be relied upon for the truth of what is said in the witness statement.

Courts also have the power to order the witness to verify the document with a statement of truth.

7.      Differences: Affidavits vs Witness Statements

There are several differences between witness statements and affidavits.

The main ones are:

• The form of an affidavit is slightly different to a witness statement. An affidavit commences with the words "I, [name], [occupation], say on oath: ...". In witness statements, the witness starts with, "I, [name], [occupation], will say as follows: ...".
• Affidavits must be sworn before a solicitor, legal executive or public notary
• Affidavits contain a jurat, whereas witness statements are endorsed with a statement of truth.

Affidavits are used in applications for Freezing Orders and Search orders:

• Freezing Orders are court orders that prevent a person from disposing or dissipating their assets.
• Search Orders effectively permit a litigant to search someone's premises for evidence relevant to proceedings.

In all other proceedings, witness statements are perfectly acceptable, unless a judge directs that affidavits be filed (with the court) and served (on the other parties). 

8.      Can a witness statement be signed electronically?

The short answer is yes. Or at least: we've never had a problem with electronic signatures.

However, a proper procedure should be adopted so that if anyone questions whether the witness statement was signed properly.

The process should be verifiable – to show that the witness signed the statement (rather than somebody else). An email trail which shows that process of signing helps.

It goes without saying that if the witness statement was signed, no changes should be made to it after it is signed. It should be re-made, although there is a procedure to hand-mark edits. It's not a recommended course.

We've seen witnesses cross-examined on witness statements which have been changed, or revised in further witness statements after they've had a "re-think".

It’s not pretty, if you're on the opposing side.

9.      Can you withdraw or retract a witness statement?

Once a witness statement is approved by signing the statement of truth, it is your witness statement. It is your responsibility as deponent to ensure that your evidence is truthful.

Keeping to the suggestions above can help steer clear from problems preparing it in the first place, but in the final analysis the witness is responsible for what they endorse with a statement of truth.

If you have any reservations about your witness statement it should be revised before you sign it. This also applies when there is anything misleading in your witness statement.

It's the court’s job to arrive at the truth.

If you have made a witness statement and no longer wish to give evidence, see the comments above on witness summonses.

10.      What is a Lay Witness Statement?

These are sometimes referred to witnesses of fact.

Although it sounds silly, "lay evidence" and "lay witness statements" is evidence given by a person who is not appointed as an expert witness in the proceedings. To tell the difference between expert evidence and lay evidence, here's the terminology:

• "expert evidence" is given by an expert appointed by the court under CPR 35 . The evidence is almost invariably given by witness statement (rather by affidavit). The appointment of the expert will take place with the permission of the court. The permission is given in case management directions - these directions are usually made at the first case management conference .
• "lay evidence" is given by a person who is not an expert for the purposes of the proceedings. A "lay witness statement" is a witness statement made by a person who is not an expert.

Suppose you are:

• a fully qualified and experienced civil engineer; and
• the claimant in your own legal case.

You can't be an expert in your own case involving work which is the subject of the legal proceedings. That's because you would be perceived to be biased (even if you aren't).

Suppose you have a friend who is a civil engineer.

Your friend wants you to give evidence as an expert in his case. You can't (or at least shouldn't accept the appointment), because you wouldn't be seen to be independent of your friend, because of your prior relationship.

11.      What is Expert Evidence?

Lay witnesses have a limited ability to give opinions in their evidence. For the most part opinion evidence is inadmissible. It is likely be challenged by the other party, simply because lay witnesses are not qualified to give opinions in court.

While there may be some leeway on the general rule, sometimes it's best just to leave it out. The facts stated in your statement should speak for itself. Let the qualified experts give their opinion if the court wants it.

Experts have greater and overriding responsibilities to the court when they give evidence.

Although they give evidence for party that briefs them, experts owe an overriding duty to the court, and should confirm that they have done what they are meant to, in addition to the statement of truth .

Those responsibilities transcend any perceived obligations to the party for which they give evidence.  See Phillips v Symes (2004). 

12. Is a Witness Statement a Statement of Case?

Statements of case are prepared by parties to allege facts of the case on which they rely to succeed in their legal claim: their cause of action . 

Witness statements are there to proof the facts of alleged in the statement of case .

When a statement of case is signed - endorsed with a statement of truth - the statement of case can be used as evidence of any of the matters set out in it.

If you've worked through what is set out above, you may realise that:

• witness statements and statements of case serve fundamentally different purposes
• the role of a statement of case as evidence is limited. There is very little to decide a fact on the balance of probabilities based on a statement of case, because there will be little evidence of the allegation in the statement of case (which would appear in a witness statement)

The court rules allow statements of case (such as particulars of claim or a defence) to be used as a matter of convenience. If an issue is dispute between the parties, a judge will be looking to receive independent evidence from the party to satisfy the burden of proof.  Not rely on what is said in a statement of case.

London Litigation Lawyers

Want to say the right thing, the right way in a litigation case?

Have an urgent hearing coming up, and need a hand with a witness statement?

We've acted for, advised and assisted litigants and witnesses in commercial litigation to:

• prepare and firm up their evidence prior to hearings
• check over witness statements to iron out weaknesses that will prompt criticism
• avoid catastrophic mistakes in litigation that lead to averse costs orders required to be paid within 14 days
• advised on the legal requirements to be successful at hearings
• culled bad arguments which almost certainly hold no sway with courts
• default judgment
• summary judgment and strike out applications
• security for costs
• specific disclosure

We know both sides of the story, and how your opponent is likely to come at you.

• helped witnesses prepare to maintain their credibility in the witness box in cross-examination
• prepared witness statements for trial
• appeared at case management conferences and pre-trial reviews for clients.

We're local to the Rolls Building on Fetter Lane and the Royal Courts of Justice on the Strand in London, and the Central London County Court. They're a 5 minute walk for us. You don't end up paying solicitors' travelling costs to Court.

Call to speak with one of our London litigation lawyers for help with your case on +44 20 7036 9282 or email us at [email protected] .

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DRAFTING WITNESS STATEMENTS: "4 GOLDEN RULES" DIRECTLY FROM THE JUDGES WHO HEAR THE CASES

 I have recommended before that litigators read the guidance for litigants in person . It provides useful insights for most litigators and covers most aspects of civil procedure. It is written by six Circuit Judges so it can be safely assumed that all guidance comes directly from the front line of litigation.   This applies to the section on drafting witness statements.  I have extracted the section on drafting witness statements below and highlighted the most apposite parts for those responsible for drafting witness statements.

A SALUTARY JUDGMENT: LITIGANTS IN PERSON CAN BE BETTER AT DRAFTING THAN SOLICITORS

In the comments section to this blog there are several comments on the ability of litigants in person to draft their own witness statements.  I only have limited experience of dealing with litigants in person. However the following judgment makes salutary reading for all professional litigators.

HH Judge Oliver-Jones QC ( Smith –v- J&M Morris (Electrical Contractors) Limited.  [2009] EWHC 0025 (QB).

“ I have often had occasion to remark about the failure to comply with the  CPR  so far as witness statements are concerned, as well as the obvious lack of skills of witnesses, and those acting for litigants, in formulating them. I t is not infrequently the case that witness statements prepared by litigants-in-person are superior in form and substance to those prepared by solicitors or their agents based upon questionnaires, interviews (often by telephone) or correspondence with witnesses . It is often the case that witness statements, drafted by solicitors or their agents in good faith ( I exclude, of course, any case of deliberate intent to deceive by a witness or drafter), are signed or otherwise accepted by witnesses without any or any proper consideration of their accuracy, completeness or even truth”.

     GUIDANCE TO LITIGANTS IN PERSON (THAT ALL LITIGATORS SHOULD READ).

“c. content of witness statement.

11.7 As a litigant in person preparing a witness statement for yourself of any of

your witnesses y ou should take care to observe 4 ‘golden rules’:

(1) the witness statement should ‘tell the story’ in chronological order;

(2) the factual issues in the case should all be dealt with;

(3) the witness statement is a statement of fact, not opinion; and

(4) the witness statement must be true.

11.8 ( 1) the witness statement should ‘tell the story’ in chronological order.

You should not forget that you (almost certainly) will have personal

knowledge of the events covered by the witness statement. The Judge will not.

It is important both that you cover all the necessary background and that you

do so in chronological order . Your aim should be to get your side of the story

across to the Judge. To do so draft the statement in clear language. A

statement which does not cover the material in chronological sequence is

likely to confuse. If, as advised, you have prepared a chronology this will help

you when preparing your witness statements. But discretion is required.

Setting out the necessary background is very helpful, but including a wealth of

material that is not essential is likely to detract from the important parts of the

statement . Nevertheless it is necessary to include everything that might be

important because the Judge may not allow you to give evidence of additional

matters which could have been, but were not, included in your witness

statement or the witness statements of your witnesses. Use your discretion. If

in doubt include the material in the statement.

11.9 (2) the factual issues in the case should all be dealt with.

By the time witness statements are prepared and exchanged (i) the pleadings

(statements of case) will be completed and (ii) discovery and inspection will

have taken place. You will be able to work out what issues of fact (see chapter

6) exist between you and your opponent. Review those issues in the light of

any new documents thrown up by disclosure. The sensible litigant prepares a

list of these issues, and makes sure that all the issues are covered in his witness

evidence. Not every witness will be able to deal with every issue, but every

witness who can deal with an issue should cover it in his statement . If any

issue is not covered by a witness statement you should do all you can to find a

witness who can deal with the issue in question.

11.10 (3) the witness statement is a statement of fact, not opinion

A witness statement must be confined to statements of fact, without any

expression of opinion . Only expert witnesses are permitted to give opinion

evidence. Occasionally an opinion is included in a witness statement. Once

this is identified the Judge will have no difficulty in putting a line through it

both metaphorically and practically so you do not have to worry if the odd

opinion slips into one of your witness statements. However, unguarded

opinions from yourself or your witnesses can sometimes affect your case 

adversely. It is better to stick to the rules and make sure that there are no

statements of opinion in any of the witness statements you rely on.

11.11 (4) the witness statement must be true.

In all but the exceptional case each witness’s statement will “stand as his

evidence in chief”. By this is meant that, provided the witness (on oath or

affirmation) confirms the truth of his statement when he is called to give

evidence at trial, the statement will form part of the evidence in the case. It is

critical therefore that you make sure that the maker of each statement, and

yourself as the litigant on whose behalf the maker is being called to give

evidence, checks the statement carefully (cross-referring to the documents and

other witness statements as necessary) before signing it as true. Too often

(indeed far too often) witnesses who have had statements prepared for them by

solicitors tell the Judge that matters in the statement are not correct; they say

(all too believably) that they simply signed what the solicitor had drafted for

them without reading it through carefully and critically. This reflects badly not

only on the witness, but on the whole case presented by the party calling the

witness. Accordingly, it is most important that, as far as possible, you make

sure that each witness statement is in the witness’s own words, and that it is

checked very carefully before it is verified by the witness as true.

11.12 Preparing a good witness statement is hard work and time consuming. You

should never leave it to the last minute . 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. In this regard a word processer is very useful. Never forget that at

trial you will be questioned on your witness statement and your witnesses on

theirs. Get it right. Do not leave hostages to fortune.

11.13 Where it is sensible to do so, you should divide the statement into separate

sections each with its own heading or sub-heading . For example in a building

claim, if there are problems with the roof, and with the windows, and with the

doors, the evidence relating to the roof could be put under the heading “Roof”,

and the evidence about the windows and doors under separate headings

“Windows” and “Doors”. Each section will probably be best dealt with in

chronological sequence. The fact that the chronologies of the individual

sections will overlap will not matter; the Judge is likely to consider the

evidence under each section separately.

11.14 It is essential that every witness statement is divided into numbered

paragraphs. These paragraphs should not be too long, and it is very unwise to

include evidence on two distinct matters in the same paragraph.

11.15 A witness statement may refer to one or more documents; it is often important

that it does. 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. It is a common practice amongst solicitors to attach to the

witness statement copies of all documents referred to in that witness statement. 67

This is not necessary where it is clear what document is being referred to, and

if a proper list of documents has been served by the party it is perfectly

sensible to save the copying and refer, for example, to ‘the invoice no.35 of

the Claimant’s list of documents’.”

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5 Responses

it really is like asking people to perform their own surgery.

Even if they can, it is a rare individual indeed who’s able to maintain a dispassionate view and approach.

This is sensible and well-written guidance – but the vast majority of LIP’s will never read it, and most of those that do would struggle to understand it and put it into practice.

Unfortunately, judges have a naive belief that the average LIP is only slightly less educated and intelligent than they are. The large majority of LIP’s that I come across are clueless – they can’t even understand what the directions require them to do, let alone prepare coherent witness statements.Most of the time you don’t receive a witness statement at all, or it arrives in back of the envelope format the day before the hearing.

And are we then supposed to courteously remind the LIP of their obligations, or allow them to fall on their own sword? No doubt the judges would say the former and our clients would say the latter, so which is most important?

It’s frankly absurd to think that an ordinary person could be expected to navigate their way through the CPR – most lawyers struggle with it. But in the post-Mitchell era how are major, but entirely inadvertent breaches by LIP’s to be dealt with?

I have amended the text of the post to deal, in part, with these comments. As I state in the (revised) text some judges think that litigants in person regularly draft better witness statements that professional litigators.

“I have often had occasion to remark about the failure to comply with the CPR so far as witness statements are concerned, as well as the obvious lack of skills of witnesses, and those acting for litigants, in formulating them. It is not infrequently the case that witness statements prepared by litigants-in-person are superior in form and substance to those prepared by solicitors or their agents based upon questionnaires, interviews (often by telephone) or correspondence with witnesses. It is often the case that witness statements, drafted by solicitors or their agents in good faith ( I exclude, of course, any case of deliberate intent to deceive by a witness or drafter), are signed or otherwise accepted by witnesses without any or any proper consideration of their accuracy, completeness or even truth”. HH Judge Oliver-Jones QC (Smith –v- J&M Morris (Electrical Contractors) Limited. [2009] EWHC 0025 (QB).

Litigants in persons read websites such as this. I was a LIP and my opponent’s solicitor failed his client miserably. He ignored the CPR, PD and Court orders. He completely misinterpreted legislation to the detriment of his client, the result of which resulted in two unnecessary hearings and wasted costs. LIP have the advantage in many cases of working in a professional capacity in public administration, business administration, accountancy etc. The majority of LIPs who work in a professional capacity have qualifications in law, economics, accountancy, the list goes on. Lay people working in a variety of businesses ensure they, and their staff, are informed and up-to-date in all aspects of business, hence my reading this article. Do not take all LIPs to be the type of person portrayed by Charles (above) which is condescending and fails to show respect for LIP.

In my experience, LIPs are the same as lawyers (and, indeed, the population generally): some of them are very dim, some of them are not so dim and some of them are very bright. The main difference (apart from the absence of legal training) is that LIPs almost invariably find it hard to look at their case objectively. That (as well as the legal training) is what the lawyer is supposed to add.

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5 Tips for Writing a Witness Statement

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If something prevents you from appearing in court, you may be able to make a written statement instead. However, if you do not have a compelling reason to give written testimony, the court usually requires that you appear in person.

When you have to give a statement as a witness in a legal proceeding, it is generally preferred that you do so in person. However, this is not always possible. You may be indisposed because of illness or injury. Perhaps appearing in person would expose you to unnecessary danger, or maybe the distance you would have to travel is insurmountable.

Under circumstances such as these, the court may allow you to submit your testimony in the form of a written statement. Because the proceedings are formal, your witness statement should follow a certain format. Here are some tips for writing a statement the court will accept.  

1. Include Your Credentials

In this context, “credentials” refers to the reason that you have been asked to give testimony. In other words, you need to explain to the court why you have the standing to speak about a certain issue. For example, if you were an expert on solar panels asked to testify to the effectiveness of a certain model , you would describe the education and training you have received on photovoltaic technology .

Nevertheless, you do not necessarily need to be an expert to give testimony. If you witnessed an incident, all you have to say in your statement to establish your credentials is that you were present at the time and saw what happened. It is unnecessary to mention anything about your background unless it is relevant to your testimony.

2. Use First-Person Point of View

Because a court proceeding is formal, you may be tempted to describe the event in writing from a third-person point of view. However, as a personal statement that describes what you saw and heard, you should write about it from the first-person perspective, using pronouns such as “I” and “me.” Remember that if you were to give this testimony in court, you would respond to questions posed to you by the attorneys and/or judge. You would answer those questions in first person rather than third person, so it is appropriate to do the same in your written witness statement.

3. Make Your Writing Factual and Detailed

You make your written witness statement under penalty of perjury, just as you would if you were to give oral testimony. Therefore, it is important that you stick to the facts in your witness statement. Do not exaggerate and do not make any suppositions, i.e., guesses as to another person’s state of mind or ideas that you cannot prove one way or the other.

Any detail you can provide, no matter how inconsequential it may seem to you, may end up being significant. Therefore, describe what you witnessed in as much detail as possible while remaining factual. The court will likely forgive a genuine lapse in memory, but if there is reason to believe that you have purposely omitted significant details, that could get you into big trouble.

4. Provide Identifying Information

The court clerk has to handle a lot of paperwork pertaining to the different proceedings that happen on a daily basis. To prevent your witness statement from getting lost in the shuffle, you should include the case number and name of the case, if known, toward the top of your statement. At the very least, you should be able to include a date of the incident about which you are giving testimony. You should also include your own name, address, and phone number so that someone from the court can get in touch with you if necessary.

5. Include Your Oath

When you give testimony, you make an oath attesting to the truth and accuracy of the information you have to give. This step is not omitted when you give a written witness statement. It just means that you have to write down your oath and sign it to give credence to it. You also need to include the location and date that you sign it for purposes of later verification.

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How to Write a Court Letter (With Template)

4-minute read

• 1st June 2023

Sending a letter to court personnel is a serious matter, so if you need to write one, ensure it makes an impact and conveys your message well. In this post, we’ll discuss the reasons you might need to write a court letter, the essential information to include, and an example of what one might look like.

What Is a Court Letter?

A court letter, also known as a legal letter or court correspondence, refers to a written document used in legal proceedings. It’s a type of formal communication addressed to court personnel, such as a judge, attorney, or another party involved in a legal case.

Court letters can serve many purposes, including requesting information, providing evidence, or asking for consideration from the court. For example, you could write a court letter on behalf of a defendant to highlight their positive qualities prior to sentencing. Or you could write a letter to a judge to provide a positive context for a family member involved in a child custody dispute.

Due to their serious nature, court letters should always be written using a professional tone of voice . It’s important to convey your ideas clearly and concisely, and while the recipient won’t be expecting perfection, do your best to ensure your letter is free of grammatical errors, spelling mistakes, and typos.

What to Include in a Court Letter

Whatever the reason for your letter, include the following information:

●  Your contact information (name, address, telephone number, email address)

●  The date

●  The recipient’s name and the name of the court

●  A subject line stating what the letter will address (if in email form)

●  A greeting or salutation

●  Body content

●  A closing signature

Here’s a sample template for a court letter – it’s asking a judge to consider a specific claim, but it can be adapted to suit other purposes.

Court Letter Template

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[Your Name] [Your Address] [City, State ZIP Code] [Date]

[Judge’s Name] [Name of Court] [Address of Court]

[City, State ZIP Code]

Dear [Judge’s Name],

I am writing to bring your attention to a claim I have against [name of defendant] regarding [briefly describe the nature of the claim]. I am writing this letter in support of my claim and to request that the court consider my case.

On [date of incident], I [briefly describe what happened]. As a result of this incident, I have suffered [describe the relevant injuries, losses, or damages]. I have attempted to resolve this matter with [name of defendant] but have been unsuccessful in coming to a resolution.

I am requesting that the court hear my case and am seeking [describe the specific relief you’re seeking, such as monetary damages or a specific action by the defendant]. I have attached the relevant documents and evidence to support my claim.

Thank you for your time and consideration of this matter.

[Your Name]

Structuring Your Letter

As you can see above, the letter begins by formally stating the purpose for writing. The second and third paragraphs briefly and clearly describe the nature of the incident, its impact, and the desired outcome of the request. It ends by referring to supporting documents and evidence included with the letter.

If you’re writing on behalf of someone else, include your relationship with them (coworker, family member, etc.) and one or two examples that demonstrate their character to provide context for your claims.

If you’re unsure of the correct title to use for the salutation, look it up beforehand (on the court’s or law firm’s website). And when signing off, use a respectful closing signature, such as sincerely or respectfully , and your full, legal name (rather than a nickname).

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Personal statement

How to submit a personal statement.

If your attorney asked you to submit a personal statement, please follow these instructions. A personal statement is a letter you write that states why you want to clear your record. The judge in the county you are applying in will read this when deciding on your case.

Your case is on hold until your attorney has received your personal statement.

Instructions for writing your personal statement:

Please follow these instructions when writing your personal statement. Answer all the questions below in your letter. Please write at least 3-5 sentences in each paragraph.

• Write the date.
• Start the letter with To Whom It May Concern,
• Introduce yourself to the judge.
• What has been going on in your life recently?
• How is your life different now, since your last conviction?
• What jobs, programs, activities, or community service have you been involved in?
• What did you do in those programs?
• What goals are you working on achieving in your life right now?
• How are you working on achieving your goals?
• Why do you want to clear your record?
• How will clearing your record change your life or help you?
• Write Sincerely,
• Print your full name.

 Where to send your personal statement:

Please send your personal statement to the county who requested them from you. You can find their contact information on the county Public Defender and legal aid contact page .

How to write a position statement for the family court

Introduction

What is a position statement for.

• What format should I use for a position statement?

How do I write a position statement?

Who do i submit a position statement to.

• What will the court do with my position statement?

A good position statement is worth it’s weight in gold.

It will tell the court and the other party everything you need it to know without you saying a word and/or before you even get to see a judge or magistrates. It also helps you plan for your upcoming hearing by getting you to think about what is really important and what you want.

Finally, it’ll be a good `script’ if you’re representing yourself as a litigant-in-person , particularly if you’re nervous, feel intimidated or tongue-tied when you get to the actual hearing.

Back to the top

A position statement sets out your position for a particular hearing. Typically they’ll be used in a review or directions hearing. Most of these hearings have a certain `purpose’. It could be to see how contact has been going. It could be what you think of a CAFCASS/Social Services report, work out what to do next or deal with a certain issue.

There  are other kinds of statements used in the family court .

For this reason, they are mainly focused on what is being discussed at the hearing and nothing else.

What format should I used for a position statement?

The old joke that the best place to bury a body is on page 2 of Google is true – no one looks there. The same is true if you write something the court needs to know halfway through a 71-page statement the judge isn’t going to read before your hearing.

If you’re tempted to write a long position statements (I’ve seen fifty pagers) you’re wasting your time and a golden opportunity to make sure the court knows everything it needs to know at your hearing. The easier you make it for the court to see what you need it to see, the more likely it is to be seen, understood and considered rather than you being told `Thank you for statement. I didn’t have time to go through it before the hearing’.

Position statements should be  short. Two pages maximum – three at an absolute maximum. Times New Roman 12, spacing at 1.5 times and single rather than double-sided.

The header should contain the following information:

• The name of the court (i.e. `The Family Court at <Wherever>’
• The case number.
• The name of the children concerned.
• The dates of birth of the children concerned.
• The name of the applicant and the name of the respondent.
• A title (i.e. `Position Statement for Applicant Father’, etc.)

There are 3 sections to use. They are:

• Background – some basic info about the family history and the background to the case.
• Concerns – what is going on that needs addressing. Factual only.
• Order sought – what you want the court to order. As clear and unambiguous as possible.

Use plain language. Don’t use `legalese’ – no need to use words like `aforementioned’, `hereinafter and Latin terms like ` ex parte ‘, ` inter alia ‘ and ` in absentia ‘. Refer to parties as `Mother’ or `Father’ (or use their first names) as opposed to `the applicant’ or `the respondent’.

At the end it should have your name, the date and your signature.

You put in facts, not opinions. You focus on what the court needs to know to deal with what has decided will be dicussed at the hearing.  Nothing else.

As you need to keep your position statement there are a few things you can do to ensure that everything in it is going to help your case and the court to understand your position. Here are a few things to bear in mind:

• If it’s a child hearing the court will already know you’re doing things because you believe it’s in the best interests of your child.
• The court knows the law – you don’t need to use valuable space listing it.
• If it’s a child hearing ask yourself at every point if what you’re writing has any bearing on the criteria the court uses to make an order (i.e. the Welfare Checklist) or for finance hearings Section 25 of the Matrimonial Causes Act ). If it doesn’t…take it out. It’ll be irrelevant.
• Don’t use rhetoric or use the statement as a chance to say what you think of your ex, nor attempt to stick a `label’ on them – this includes calling them a `narcissist’ or `alienator’ .
• Remain child focused – don’t talk about your time with the children; describe it as your child’s time with their mum/dad.
• Provide a solution that works and fits in with the law – there’s no point asking for something the court can’t or won’t order. Make sure it is fair and wherever possible, demonstrates your willingness to compromise and work with your ex.
• Don’t deny or refuse responsibility for anything you shouldn’t have done or said. Own it. Don’t make excuses. Talk about what you doing (not going to do) to ensure it doesn’t happen again.
• Don’t provide a `buffet’ of options when it comes to a solution. Say what you want clearly, unambiguously and confidently.
• Don’t use your position statement to rebutt any false accusations by you ex other than to say they didn’t happen.
• The statement is to express  your opinion – nothing else.
• It’s not meant to be comprehensive – it’s more the headlines of the situation.

A good position statement will enable a judge or magistrates to understand everything they need to know for your hearing and minimise the questions they need to ask you at the hearing.

You need to give a copy of the position to the court (1 if it’s a judge you’re seeing, 3 if it’s magistrates) with copies for the other party, one for CAFCASS, etc. and anyone else who is going to be at the hearing – and a copy for yourself.

As rule it is protocol for  everyone involved in a case to have a copy of every document the court will consider when it has to make a decision – it’s a case of being fair. You should expect to be treated with the same courtesy so you aren’t left trying to read and respond to a document that you haven’t seen. If this happens to you – explain this to the court (although do not be too surprised if the other party apologises for this, saying it was a simple `oversight’ or error.

For your statements it’s worth printing out too many copies rather than too few. Courts do have photocopiers but it can be expensive to do so as well as or even worse you may find yourself looking for a shop to print them while you should be focusing on your imminent hearing or seeing if you can come to agreement with the other party.

When you arrive at the hearing (an hour before it is due to happen) go immediately to the court desk and let them know you are there. Hand over copies of your position statement and ask the court sees them before the hearing. Once you have done this, find the other party (or their solicitor) and hand them a copy too.

Sometimes you’ll need to find a court clerk (they’ll be dashing around with pieces of paper and long black robes) and ask them to hand it to the court.

Do this on the day of the hearing.

What will the court do with your position statement?

It depends. Sorry!

We recommend that most hearings need a position statement (unless absolutely nothing has changed since the last one or there is a trial bundle being used).

The court and the other party’s attitude varies wildly when they’re handed a position statement. The responses we have seen includes:

• The court staff (at the desk, the clerk, a legal executive) and/or the other party may thank you for this document.
• They may tell you that as it wasn’t ordered by the court it can’t be accepted and will be ignored.
• The court may thank you for it and telling you how helpful it was. It may also tell you off, ignore it or something else.

If the worst comes to the worst, a position statement will   still be useful to you because you’ve got a script and what you want in black and white in front of you when you speak to the court. Sometimes, a court will tell you  not to submit a position statement at the next hearing or say something along the lines of not submitting any documents at all unless specifically ordered to by the court – but this is rare.

A good position statement can be a huge advantage. It’s not unknown for a court to make an order without seeing litigants in `emergency’ hearings when all the information is required is contained in this document. It’s not unknown for orders to be drafted using the wording in position statements if you a particularly good job too.

Look at it from the point of view of an overworked court system – your argument will be that more persuasive if you are working with the system and saving it time (as opposed to doing your best to cause as many problems as possible).

Many courts will take a pragmatic view – a good position statement saves time, makes your position clear and helps the court. Making life easy for the court can work hugely in your favour, as you’re seen to engage in the court process openly, honestly and focusing on the subject in hand.

If you are representing yourself, a position statement can be one of the best tools you’re going to have. As I’ve said above writing one will help you focus on what is important and what isn’t. It’ll give you a script whether the court reads it or not and it is almost always worth putting together because, aside from a small number of courts who refuse to read them, it is going to enable the court to see your side of things even if you walk into court and feel the judge and the other party’s solicitor don’t give you the opportunity to speak.

The court may not read it – because there are no guarantees in law and the court `has a wide ambit of discretion’ (with the more cynical saying is a nice way of saying the court does what it likes). Our experience over the years says that most of the time, a position statement is well received and often you’ll be thanked for putting together a well-written one that only helps the court make a decision (and your ex’s solicitor too – because they’ll know exactly what you want).

This is especially true if you think you’re going to be tongue-tied on the day. It happens. Courts can be intimidating and a position statement is a great tool to fall back on even if you get stage fright on the day!

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WTO / Legal / How to Prepare Witness Statement (Free Forms)

How to Prepare Witness Statement (Free Forms)

Witness statements are written or oral accounts of events or incidents that a person has seen or experienced. These statements are often used as evidence in legal proceedings or investigations. Writing this statement can be a daunting task, especially if you have never done it before. However, having a well-written and comprehensive statement can make a significant difference in the outcome of a case. This article aims to provide an overview of witness statements, their importance, and guidelines for writing them effectively. Additionally, it offers templates that can be used as a guide when creating the statement.

What is a Witness Statement? 

A witness statement is a comprehensive account of what a witness observed or experienced regarding an event or incident.

It is a formal document that describes the facts and details of the incident from the perspective of the witness. They are commonly used in legal proceedings, but they can also be used in workplace investigations or other situations where it is important to gather accurate and reliable information.

When are Witness Statements Used? 

It is used during criminal investigations as well as investigations conducted by regulatory bodies. In addition to legal proceedings, they may also be used in workplace investigations or other situations where information needs to be collected and analyzed to make a decision or take action .

Legal proceedings

It helps collect evidence before a trial or hearing is conducted. Once completed, it is presented during the trial to provide facts about the case to help prove guilt or innocence. In addition to statements by witnesses who testify for the incident or event, experts such as forensics, doctors, IT experts, accountants, etc. also testify in cases to provide evidence related to their areas of expertise.

For interim applications

A party usually files an interim application before the final judgment in any case. They are typically made in the middle of the case when the parties need to resolve a particular issue before the final judgment is rendered. They can be used in support of interim applications as evidence to support a party’s case. For example, a witness statement might be used to support an application for an interim injunction or an order for specific disclosure of documents. In such cases, the statement would provide the court with the facts and evidence necessary to establish the basis for the application.

Workplace incidents

In the case of an accident or incident in the workplace, the statements can be used to help determine the cause of the incident and ensure that proper safety measures are followed to prevent future occurrences.

Insurance claims

When filing an insurance claim , the statements can provide important information about the circumstances of the incident, helping the insurance company determine the validity of the claim and the appropriate amount of compensation.

Human resources investigations

In cases of harassment, discrimination, or other workplace misconduct, these statements can be used as part of an investigation to gather information and determine the appropriate course of action.

Guidelines for Writing a Witness Statement

Witnesses’ testimony must follow the proper format to be accepted as reliable evidence. The following guidelines should be adhered to for these statements:

• The statement should be written in the first person.
• Only those facts should be included that the witnesses personally know to be true. Do not include speculation or assumptions.
• The witness should not give their opinions unless they are experts in a particular discipline.
• Events in the statement should be expressed in chronological order.
• Claims made in the statement should be supported by documentary evidence.
• Paragraphs should be numbered to simplify referencing.
• The statement should be written on a single side of A4 paper. 
• The document should be typed in black. Its content should have a left margin of 35 mm. 
• The document should be single-spaced and consecutively numbered.

How Do I Write a Witness Statement? 

The following section explains how to make a witness statement in several steps:

Step 1: Header

The first step is to write the title – “WITNESS STATEMENT” – of the case and provide the court with the receipt number, otherwise known as the “case number.” The title section should be written in capital letters. A template must be labeled with a specific name, such as “Case #1194″, for example. The applicant’s or proprietor’s name, the number of the opposition or cancellation (if applicable), and, if possible, the name of the defendant or applicant for cancellation, may also be included in the header. 

Step 2: Identify the witness

The witness should identify themselves as a “witness.” The statement contains a section explaining the witness’s name, address (private or business), occupation, company name, and title in the company (if applicable). In addition, the witness should provide a brief introduction to describe their qualifications and relevance to the case.

Step 3: Body of the statement

provide a detailed account of the incident next. The statement must be as factual and straightforward as possible. The witness should mention only those details that they can recall about the event in question.

Some of the details to cover in this section are:

• Give some context: Give context to the witness’s statement. This includes stating the location of the occurrence (city/county or state/country), the time and date of the occurrence in total, a summary of the event, and a list of all people present (by name and relationship to the case). 
• Location of the witness: The witness should state where they were at the time of the incident and where they went immediately afterward. They can also mention what they were doing at that time.
• Record the statement: Next, give a detailed account of what the witness saw and heard, if any. The witness should provide details of what happened and describe everything seen in chronological order. Again, as much detail as possible should be provided to support the witness’s statement. Supporting documentary evidence should also be included in this section. Documentary evidence, such as photographs or medical reports, must be attached as well. The witness should use plain language to describe the event. 

Step 4: Statement of truth

A statement of truth is a declaration included in a witness statement or any other legal document that confirms that the information presented in the document is true to the best of the knowledge of the person making the statement. This statement is usually placed at the end of the witness statement and signed by the witness or the person making the statement to declare that the information presented in the statement is true and accurate.

In some legal proceedings, it may be necessary for the person making the statement to swear or affirm that the information presented in the statement is true, and a statement of truth may be used in place of an oath or affirmation.

Step 5: Date and signatures  

The witness should sign their statement. The witness must also date and stamp the document with their correct signature.

The statement of truth ensures that individuals refrain from intentionally providing misleading or wrong information. The consequences of violating it are being held in contempt of court, which is legally punishable either by a fine or two years imprisonment. 

Categories of Witnesses

Some of the common categories of witnesses are the following: 

• Eyewitnesses: These are individuals who have seen or observed an event or incident firsthand and can testify to what they saw.
• Expert witnesses: These are individuals who have specialized knowledge or expertise in a particular field or subject matter relevant to the case and are called to provide their professional opinion or analysis.
• Character witnesses: These are individuals who are called to testify about the character of a defendant or witness. They may be asked to provide information about the individual’s reputation for honesty, trustworthiness, or other relevant character traits.
• Lay witnesses: These are individuals who are not experts in a particular field but may have relevant information or personal knowledge of the events in question.

Witness Statement Template

Various templates can be used to record the statements. Several templates are available on this website that are customizable and easy to use:

Tips for You

Before making a statement as a witness, it is vital to ensure that the information is as accurate as possible. Below are some valuable tips to consider when drafting the statement:

Ask for estimates   

When answering questions in the statement, the witness should provide estimated times, distances, and numbers if they are unsure. They may forget some of the details when making their statements. Therefore, to make sure that they have recorded all of the details in their original statement, they should be given time to make a second statement where they are asked to confirm it. For example, if a witness is asked to give an estimation of time or distance, they should be asked a few times to provide an accurate answer.

Draw a rough diagram   

If a witness has difficulty describing what happened, they can draw a rough diagram of where the incident took place. This will help clarify the statement and accurately describe what happened.

Review the statement

After the statement has been written, it should be reviewed thoroughly to ensure that it is factual, accurate, and transparent. If anything is unclear, the witness should be asked to explain the details in more detail.

Releasing copies of a witness statement 

Releasing copies of the statement means providing copies of the statement to other parties involved in the legal proceeding or to their representatives. In some cases, these may be confidential and not released to the public, but in other cases, they may be provided to the parties involved in the case or made available to the public.

When it is released, it becomes part of the court record and can be used as evidence in the legal proceeding. Other parties may use the statement to prepare their case or to challenge the witness’s testimony during cross-examination.

Key Takeaways 

• A witness statement has the same legal value as a witness giving oral testimony. It is used by the judges to reach decisions and affects the outcome of cases.
• It satisfies the burden of proof on the balance of probabilities in civil cases. In criminal cases, this statement highlights the facts of the case, which are free of bias and not opposed to or in support of any of the involved party’s claims on the case. 
• Witnesses give information of their own free will. The judge decides whether or not they think it is necessary and, if so, when they want the witness to testify. 
• The witness’s statement should reflect what they have seen or heard rather than make false statements against someone.

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CIVIL AND MISDEMEANORS

How to write a letter of testimony.

By Jayne Thompson, LL.B., LL.M.

January 23, 2019

Reviewed by Melissa McCall, J.D., M.S.

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• How to Write a Witness Letter for Statements

While courts prefer that a witness give evidence in person, they recognize that personal attendance isn't always possible. Where state law and rules of evidence permit, judges will often accept written testimony from witnesses. A letter of testimony contains different information depending on whether you're giving evidence as an eyewitness or as an expert.

Start Your Letter of Testimony

Start by addressing your letter to the presiding judge of the court where the case is being heard, followed by the name of the case and case number. Write the date. Address the letter to "Your Honor." The first few lines should include your full name, age, address, county of residence and telephone number. If you're giving testimony as an eyewitness, mention your relationship to the plaintiff or defendant.

Include Your Expert Credentials

If you're giving testimony as an expert witness, it's important to establish your professional credentials and why you are qualified to give testimony in this case. List your work, professional and education credentials and the name of your current employer. If your credentials are lengthy, attach a separate list or resumé. The more compelling your expertise, the more likely the judge is to respect your opinion.

Clearly Communicate the Issue

In the body of the letter, provide the details of the topic on which you are testifying.

An eyewitness should establish how, where and when he saw important events. For example, you might write something like, "I was driving north along Palm Avenue on March 14th 2017 when I saw the Defendant run a red light."

An expert witness should write what she did to be able to render her opinion – "On March 14th 2017, I examined the brakes on Mr. Smith's Ford Fusion and subjected them to the following tests." If possible, your expert testimony should include a conclusion, an estimate of the cost to fix the problem and other relevant facts.

Choose Your Language Carefully

The primary focus of witness testimony is to clearly and concisely communicate the facts. Make sure that your information is logical, reasoned and rational – you can use numbered paragraphs if this helps to organize your thoughts. Avoid emotional language as your letter will lose credibility. It's important to let the facts speak for themselves.

Certify That Your Statement Is True

At the end of your letter, write the following statement:

"I declare under penalty of perjury under the laws of the State of [state] that the above is true and correct."

The precise wording differs between jurisdictions, so check the requirements with the court. Review the testimony and make sure that it's consistent and includes only details that you actually saw or heard. Sign and date the letter of testimony, and mail or deliver it to the judge. If you live out of state, you may have to sign the statement in front of a notary public. Telephone the court clerk to check the requirements.

Letter of Testimony Template

There's no need to worry too much about how to write a testimony for court. As long as the information is there, your testimony will be effective. It won't be rejected by the court if it isn't formatted in a particular way. However, you can use this standard format to help you with your own testimony letter:

Your Address

Presiding Judge

Court Name (e.g., Small Claims Court)

Court Address

Re: [Case Name, i.e. Person A vs. Person B]

Case Number

Your Honor:

[Insert your testimony here]

I declare under penalty of perjury under the laws of the State of [state] that the above is true and correct.

Your Signature

• Nolo: Witness Testimony By Telephone or Letter
• Nolo: Offering Witness Testimony in Small Claims Court
• Sign the letter in the presence of a notary so that the authenticity of the signature can be verified.
• Make sure the Letter of Testimony arrives at the court/committee 1 to 2 hours before the start of the session that relates to your testimony.

Jayne Thompson earned an LL.B. in Law and Business Administration from the University of Birmingham and an LL.M. in International Law from the University of East London. She practiced in various “Big Law” firms before launching a career as a commercial writer. Her work has appeared on numerous legal blogs including Quittance, Upcounsel and Medical Negligence Experts.

Related Articles

• How to Write an Affidavit
• How to Write a Sworn Statement
• How to Write a Personal Affidavit

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What is a Victim Impact Statement?

A Victim Impact Statement is a written or oral statement presented to the court at the sentencing of the defendant.  Many times victims, their family members, and friends of the victim participate in both written and verbal statements.  More often than not, numerous individuals write letters to the sentencing judge and only a few of those directly connected to the crime speak at sentencing.  Victim Impact Statements were created as an opportunity for the judge to hear how a criminal action has affected you and those that you love.  Victim Impact Statements are not limited to the courts.  Many times, probation or paroling agencies allow for an opportunity to present a statement as well.

How to Write a Victim Impact Statement?

As you are preparing your impact statement, you may find that using the following questions can guide you.  Remember that writing about your feelings may be very painful, so be sure to pace yourself and don’t feel that you need to have it “perfect”.  Be gentle with yourself and take as many breaks as you need.  As you are preparing your statement, you may find that the following questions can guide you:

• How did the crime affect you and your family?
• What was the emotional impact of the crime on you and your family?
• What was the financial impact on you and your family?
• Do you have any recommendations to the court about disposition (sentencing) of this case?
• Is there anything else you would like to tell the court?

The above guidelines do not cover the totality of the impact of crime, but may be used as a starting point.  Victim Impact statements are unique to you and people have various ways of expressing how crime has affected them.  Even though guidelines are typically given to you before sentencing, and there is much flexibility in how you present your statement, there are things you will need to take into consideration.

• Write simply and descriptively.  Your goal is to help the court feel your trauma. While nobody can truly understand what you are feeling, you can help others identify with your trauma by using feeling evoking words and phrases.  Using descriptive words can help people form an image of what you are saying.

Every morning when I wake up, I have to remind myself that my attacker won’t be able to hurt me today. If I don’t tell myself that I simply can’t get out of bed.  Since I was assaulted I have lost the full function of my right leg. I still have to go to the doctor for physical therapy and they fear that I still won’t be able to walk the same. I used to love to run, until my attacker took that away from me.  It hurts emotionally and physically to even make it to work in the morning. When I drive past the place that this all happened I try not to shake in fear.  I can’t sleep most nights without nightmares of my attacker. I so desperately want my life back. The life I had before he took my life away.

• Do address the judge, or paroling authority, when you speak.  You may want to talk directly to the offender.  If this is something you want to do, ask permission from the judge first.  You can still say what you need regarding the offender through the judge.
• Do ask permission if a picture is part of your statement.  More often than not this is allowed, but any visual aids you utilize will need permission from the court first.
• Do write out your statement in advance.  Presenting a statement is emotional.  You may think you know what you want to say but when the time comes, your emotions could take over and your train of thought is lost.  If this occurs, you can read directly from your statement.
• Do have an alternate person that can read your statement in case you cannot finish.
• Don’t directly express your anger toward the court or the offender.  Your goal is to express your hurt and your pain, not to blame.  The blame has already been placed on the offender, so now is the time to talk about what you have been experiencing through your loss.
• Don’t use unsuitable language, as it will diminish the effectiveness of your statement.
• Don’t describe what you want to happen to the offender in prison.  Please do not get descriptive about any harm you would like to see imposed.
• Don’t put personal, identifying information in your letter and do not say it verbally in court.  This includes your physical address, mailing address, email address and phone number.  The offender will be provided copies of all letters submitted.  If you state this out loud in court, it will be another opportunity for the offender to contact you in the future.

What Happens to my Victim Impact Statement?  Do I Have to Read it in Court?

Preparing and presenting an impact statement in court, or in front of a paroling or probation agency, can be intimidating.  If you do not think you can physically stand in front of the offender and read your statement, have an alternate in mind beforehand.  It does not matter who presents your statement as long as you have identified this person in advance.  Many times, victim advocates are asked to present impact statements.  It does not have to be a victim advocate, and should be someone you feel comfortable expressing your words. If you submit a letter, this will become part of the court file, the prosecutor’s file and defense file.  Victim Impact Statements can also be included in the offender’s Department of Corrections file.  It could be subject to public disclosure.  This is why it is essential to not include contact information in your statements, written or verbally.

Why Write a Victim Impact Statement?

It is not mandatory you write an impact statement.  This is a right you have but not one you have to participate in.  Many choose not to participate.  There are several reasons why Victim Impact Statements are beneficial.  The reasons stated below are just a few.

• The judge gets to hear your side of the story.  This is usually the first time this occurs.  Throughout the criminal justice process, the focus is on the offender.  Hearing from those that are affected by the crime puts a face with an often forgotten victim.
• You have a chance to tell the judge how you want sentencing to occur.  More often than not, cases conclude by a plea offer.  Many times the prosecutor and defense have agreed to a recommended amount of time.  The judge is not bound by that agreement.  You can make a difference in the amount of time an offender receives by speaking up.  This is true in cases that go to trial as well.
• You have the opportunity to address the court, and the offender by way of the court, about how the crime has affected you.  Many find this helpful in the journey of victimization.  Letting those know how they harmed you can be beneficial for emotional well-being.
• The impact statement becomes part of the offender’s permanent file.  It is a reminder of the harm they caused you.

Victim Impact Statements How To in SPANISH - Cómo escribir una declaración de impacto en la víctima

***Please note, if you are not able to download the VIS samples below, please try a different web browser and/or clear your web history/cache. Thank you.

VIS Assault Example

VIS Vehicular Assault Example

VIS Assault Example - Spanish

VIS Vehicular Assault Example - Spanish

VIS Attempted Homicide Example

If you have any questions or would like help with a Victim Impact Statement please  contact us .

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What is a Victim Impact Statement?

It is important for the Court to know the impact this crime has had on its victims.  Victim impact statements describe the emotional, physical, and financial impact you and others have suffered as a direct result of the crime.  Victim impact statements can be either written or oral statements. 

Written impact statements are submitted to the United States Attorney’s Office and then forwarded to the U.S. Probation Office to be included as part of the Presentence Investigation Report.  This report is then submitted to the judge prior to sentencing. Your written statement allows the judge time to re-read and ruminate on your words prior to making a sentencing decision. Written victim impact statements can be in a variety of different formats, depending on what feels most comfortable for the victim.  Common formats used by victims include, but are not limited to: formal statements, personal narratives, or written letter to the judge.  A standard form to fill out might also be available if that is the victim’s preference.  It is important to know that written victim impact statements are usually seen by the defendant and the defense attorney.  However, any personal identifying information such as the victim’s name is redacted.

An oral statement at the sentencing allows the judge to hear your voice and its inflections and to put a face to the crime committed.  If you would like to speak at the sentencing, it is important to contact the U.S. Attorney’s Office Victim Witness Coordinator as soon as possible.  The Victim Witness Coordinator will help you prepare to provide an oral statement. 

You also have the option to submit a written statement AND give an oral statement at sentencing.  Your oral statement can be new or you can read the written statement you previously provided.  Combining a written statement with an oral statement during the sentence hearing can be especially impactful and helpful to the court. 

What is the purpose of a Victim Impact Statement?

It provides an opportunity to express in your own words what you, your family, and others close to you have experienced as a result of the crime. Many victims also find it helps provide some measure of closure to the ordeal the crime has caused.

The victim impact statement assists the judge when he or she decides what sentence the defendant should receive. Although the judge will decide the defendant’s sentence based primarily on the pre-sentence report and certain sentencing guidelines, the judge should consider your opinion before making a decision.

Finally, it includes a financial loss statement which is used to verify and assess the financial impact of the crime upon you. This information is used by the Judge to determine any money the defendant may have to pay you for expenses you have paid or money you owe because of the crime. When the judge orders the defendant to pay the victim it is called "restitution." If the judge orders the defendant to pay you restitution, there is no guarantee that the defendant will be able to pay you the entire amount ordered.

Will I be able to make a statement at sentencing?

Except in limited circumstances, under federal law, victims have the right to not be excluded from public court proceedings, including sentencing. Victims also have the right to be reasonably heard at sentencing. This is done through a Victim Impact Statement

What is a Pre-Sentence Report?

The Victim Impact Statement is an important part of the Presentence Investigation Report (PSR) prepared by the U.S. Probation Office. A PSR includes, among other things, the defendant’s criminal and social history; the details of the crime; the financial, social, psychological, and, if relevant, medical impact of the crime on the victims; and any victim impact statements. The PSR helps the judge determine the proper sentence to impose.

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Sworn Statements vs. Affidavits

(This may not be the same place you live)

  What Is A Sworn Statement?

A sworn statement , also known as a sworn affidavit , is a written document that is signed and certified by the person making the statement in the presence of a person authorized to administer oaths.

The person making the statement, known as the affiant, swears or affirms that the information contained in the statement is true and accurate to the best of their knowledge. Sworn statements are often used in legal proceedings as a way to provide testimony in writing.

Is this the Same Thing as a Statement of Affidavit or an Affidavit of Sworn Statement?

What is the difference between sworn statements and affidavits, what other purposes are affidavits used for, what if i lie under oath, do i need a lawyer for help with sworn statements or affidavit.

Yes, all three phrases refer to the same thing: a written document that is signed and certified by the person making the statement in the presence of a person authorized to administer oaths, where the person making the statement swears or affirms that the information contained in the statement is true and accurate to the best of their knowledge.

The three phrases “sworn statement,” “ statement of affidavit ,” and “affidavit of sworn statement” are often used interchangeably.

A sworn statement and an affidavit are similar in that they are both written documents that are signed and certified by the person making the statement in the presence of a person authorized to administer oaths and in which the person making the statement swears or affirms that the information contained in the statement is true and accurate to the best of their knowledge.

However, the key difference between the two is that an affidavit is a type of sworn statement that is used in legal proceedings, while a sworn statement can be used in any situation where a person needs to provide a written, sworn statement of fact.

In a legal context, an affidavit is a legal document and is considered as evidence in a court of law, while a sworn statement is more like a testimonial statement.

The main purpose of an affidavit is to provide a written, sworn statement of fact that can be used as evidence in a legal proceeding. An affidavit is typically used to provide information or testimony that is relevant to the case at hand, and that would otherwise be given verbally in court.

Affidavits can be used in a variety of legal contexts, including criminal cases, civil lawsuits, and administrative proceedings.

The information provided in an affidavit can be used to establish facts, such as the identity of a person, the ownership of property, or the occurrence of an event. Affidavits can also be used to support or oppose motions or other legal arguments.

Additionally, an Affidavit can be used to prove or disprove a point in a legal case. It is also used to support or oppose a legal action or application.

Affidavits are usually prepared by the person making the statement, known as the affiant, with the help of a lawyer or legal professional and must be signed in the presence of a person authorized to administer oaths.

An affidavit is admissible in court as evidence as long as it is properly executed and meets certain requirements.

To be admissible in court, an affidavit must be:

• In writing and signed by the affiant
• Sworn or affirmed to be true by the affiant
• Executed in the presence of a person authorized to administer oaths, such as a notary public
• Relevant to the case at hand
• Notarized or otherwise authenticated

Additionally, the information contained in an affidavit must be reliable and credible. The court will consider the credibility of the affiant and the contents of the affidavit when determining its admissibility as evidence.

However, it’s important to note that even if an Affidavit is admissible in court, it may not be considered evidence if it is not relevant to the case or if it is not trustworthy. The judge will have the final discretion in this matter.

It is also important to note that, in some cases, an Affidavit alone may not be enough evidence for a court case; other forms of evidence may be required to support or refute the contents of an Affidavit, such as documents, witness statements, or other forms of testimony.

Lying under oath, whether in a sworn statement or an affidavit, is considered to be a serious matter and can have severe consequences.

If you lie under oath, you can be charged with the crime of perjury . Perjury is a criminal offense that occurs when a person knowingly makes false statements under oath or swears to the truth of false statements. The punishment for perjury can vary depending on the jurisdiction, but it is usually considered to be a felony and can result in imprisonment, fines, and a criminal record.

Additionally, if you lie under oath and it is determined that you have given false testimony, the court may reject your statement or testimony and it may harm your credibility as a witness. This can also have a negative impact on the outcome of the case and can also lead to other legal issues, like being held in contempt of court.

It is important to always tell the truth when making a sworn statement or affidavit and to be completely honest when giving testimony in a court of law. If you have any doubts about the accuracy of the information you are providing, it is best to consult with a lawyer or legal professional before proceeding.

While it is not always necessary to have a lawyer for help with sworn statements or affidavits, it can be beneficial to have one, especially if you are involved in a legal proceeding. A lawyer can provide guidance on the proper format and content of your statement or affidavit and can help ensure that it meets all the requirements for admissibility in court.

A lawyer can also help you prepare for any questions you may be asked during a deposition or trial and can assist you in presenting your testimony in the most effective manner possible. They can also advise you on any legal implications of the statement or affidavit you are preparing and can help you navigate the complex legal process.

In the case of a personal injury, it is especially important to have a lawyer’s guidance. An experienced personal injury lawyer will be able to help you understand your rights and the legal process and can help you to get fair compensation for your injuries. They can help you to gather and present evidence, such as medical records, to support your claim and can help you to negotiate with insurance companies and other parties involved in the case.

It is important to note that even if you do not hire a lawyer, you still have the right to make a sworn statement or Affidavit. But, if you are not sure how to proceed or if you have any doubts about your statement or Affidavit, it may be a good idea to consult with a lawyer or legal professional.

You can find the right personal injury lawyer for your needs by using LegalMatch today.

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Writing A Victim Personal Statement for Court

Table of Contents

Knowing the legal protocols and requirements for a successful court case in the UK can be intimidating. A personal statement allows the court to get to know someone victimized. By referring to personal statement examples for court UK , individuals can understand what a persuasive argument requires. 

This article provides guidance to help you create a compelling personal statement to make your case stand out. This kind of document is called a victim personal statement (VPS). Let’s get started!

What Is A Victim Personal Statement?

A Victim Personal Statement is a written account of how an individual has been affected by a crime . It outlines the physical, psychological, and emotional effects that the victim experienced before, during, and after the incident occurred. Through this statement, victims can convey to the court their perspective of the event and explain the lasting impact it had on them. 

An individual statement allows you to explain in your own words how the crime affected you and your family. The issue will be considered by all criminal justice agencies involved in the case and can play a crucial role in sentencing. 

This statement should include details about any medical care needed and financial losses incurred due to the offense. Ultimately, the goal is for victims to share their stories with empathy, honesty, and eloquence.

Who Is Authorized to Make a Victim Personal Statement?

A victim is typically the only person authorized to make a personal statement about their experience. Depending on the jurisdiction, other people may be allowed to make statements on behalf of victims in some cases. Such individuals include: 

• Family members or legal representatives.
• The most heinous crime’s victims (including bereaved close relatives).
• The victims that were consistently the target, 
• Victims who are vulnerable or intimidated, whether or not they have made a witness statement.

Why Are Victim Personal Statements Important?

Victim personal statements are important because they offer survivors of crime a platform to speak out and have their voices heard. They allow victims to explain the impact that the crime has had on them, both emotionally and financially. Such statement provides the victims with an opportunity to express their thoughts and feelings in a safe space. 

Hearing these stories means courts can gain insight into the trauma of crime victims, making more empathy available in sentence decisions.

Moreover, victims’ personal statements can be a source of healing; by being understood, they may feel less isolated and empowered to move forward.

Information to Include in a Victim Personal Statement

A Victim Personal Statement should include details of the incident, such as:

The Time and Location of the Accident

When and where it occurred, who was involved, and what physical or emotional harm may have been caused. 

The Effect on the Victim

It should also explain how the victim has been affected by the incident, including any lasting effects that may still be felt. 

Highlight Any Financial Losses Incurred

Additionally, the statement should include financial losses caused by the incident and any compensation requests made by the victim.

Call to Action for Justice

Finally, a statement should describe why the victim believes justice should be served and describe their experiences.

Personal Statement Examples for Court UK

On January 16th, 2016, I heard a loud noise, was jolted out of my chair and lost my balance. I looked up to see my neighbor’s car had crashed into the side of my house. Other tenants were standing outside staring at the car as I struggled to make sense of what had happened. The car company steward informed me that it was an accident. I am requesting justice from the court because I was a victim of a crime in the UK and had a terrifying experience. Today, I want to present facts to the judge and raise awareness of my situation, which has left me feeling violated and vulnerable. I must now seek the acclaim and compensation that I justly deserve.

I can attest that the perpetrator mistreated me without considering my rights or well-being. His actions were cold-blooded and calculated, causing me to experience severe emotional distress in addition to material losses. It’s vital to stress that despite always acting within my legal rights, I encountered unfair resistance.

I believe my story should help highlight the seriousness of such crimes and their devastating effects on those living with heartless systems. We can only begin to address the pervasive dread felt by all members of society, especially those who are most vulnerable.

The court should take into account the story’s broad implications, which are often ignored. I appreciate your thoughts and time.

I stand before you today an unyielding testament to the grievous harms inflicted upon me by my accuser. I have been victimized not just physically but mentally and emotionally, a triple-faceted assault on my spirit that has left me permanently scarred. While I keep my desire for justice strong, I seek no compensation except for having the perpetrator held accountable for wrong faith. 

Throughout this difficult ordeal, I have wrestled with fear and despair – though never succumbing to either. I try to maintain a sense of composure and sagacity while doing what is right. The baneful machinations of my attacker had almost broken me at one point, yet here I am, courageously advocating for myself through dogged perseverance. This truth remains immutable: my unwavering commitment to rectitude shall never waver.

The victim’s personal statement in court in the UK is a highly important document that can have life-changing consequences. It is essential to approach it with care and thoughtfulness. 

Overall,  personal statement examples for court UK  can help to provide guidance and structure when crafting a statement in court. The key is to write with emotion, focus on the facts, use clear language and vary sentence structure. With these tips in mind, anyone should be able to craft an impactful and convincing statement that will get their point across effectively. 

Abir Ghenaiet

Abir is a data analyst and researcher. Among her interests are artificial intelligence, machine learning, and natural language processing. As a humanitarian and educator, she actively supports women in tech and promotes diversity.

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The DPC welcomes X’s agreement to suspend its processing of personal data for the purpose of training AI tool ‘Grok’.

08th August 2024

The Data Protection Commission (“DPC”) welcomes X’s agreement to suspend its processing of the personal data contained in the public posts of X’s EU/EEA users which it processed between 7 May 2024 and 1 August 2024, for the purpose of training its AI ‘Grok’.  The agreement was concluded against the backdrop of an urgent High Court application brought by the DPC under Section 134 of the Data Protection Act, 2018. The application was made before Ms. Justice Reynolds who indicated in her concluding remarks that the rights and freedoms of data subjects across the EU/EEA were at the core of the application. 

This was the first time that any Lead Supervisory Authority has taken such action, and the first time that the DPC has sought to utilise its powers under Section 134.  This application was made to protect the rights and freedoms of X’s EU/EEA users, and came after extensive engagement between the DPC and X regarding its AI Model training.  

Commissioner (Chairperson) Dr. Des Hogan speaking on today’s decision stated:

“My colleague, Commissioner Dale Sunderland, and I welcome X’s agreement to suspend processing   while the DPC, working in conjunction with our EU/EEA peer regulators, continue to examine the extent to which the processing complies with the GDPR. One of our main roles as an independent regulator and rights based organisation is to ensure the best outcome for data subjects and today’s developments will help us to continue protecting the rights and freedoms of X users across the EU and EEA. We will continue to engage with all data controllers to ensure the rights of our citizens under the EU Charter of Fundamental Rights and the GDPR are upheld.”

NOTES TO EDITORS Section 134 of the Data Protection Act 2018 allows the Commission, where it considers there is an urgent need to act to protect the rights and freedoms of data subjects, to make an application to the High Court for an order requiring the data controller to suspend, restrict or prohibit the processing of personal data. 

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How To Write A Promissory Note For A Personal Loan

Updated: Jun 10, 2024, 2:37pm

If you’re lending someone a large amount of money, such as a personal loan to family or friends, writing a promissory note just as if you were a lender from a bank can formalize the process and expectations. Writing a formal promissory note also benefits the borrower, too. It gives them a written agreement that outlines the loan costs, repayment obligations and any required collateral.

Here’s what you need to know to write a promissory note for a personal loan.

Related:   Compare Personal Loan Rates

What Is a Promissory Note for a Personal Loan?

If you’ve ever borrowed money from a lender, you’ve likely signed a promissory note.

A promissory note is a legally binding agreement that lays out all the details of the loan. It’s a contract that includes the loan amount, repayment obligations, loan costs and what the lender can do if the borrower doesn’t repay the loan. When you sign a promissory note as a borrower, you agree to the terms of the loan and promise to repay it.

We’re most familiar with using promissory notes when we take out a personal loan , a student loan or some other sort of credit from a bank or lender. But sometimes we lend money to friends and family, too. Often, we simply lend them money with an unofficial or even verbal IOU.

But that can easily backfire. What if your nephew skips town with your $5,000, for example? Or what if your aunt takes her time repaying you when you could really use the money now? Having a formal promissory note in place can help prevent these problems.

When Should You Use a Promissory Note?

You should use a promissory note every time you lend someone money that you’d like to be repaid. On the other side, it’s also beneficial to sign a promissory note anytime you borrow money from someone.

In most cases, promissory notes for small amounts, like spotting someone at dinner or filling up a tank of gas, aren’t necessary. But if you’re going to lend someone a few hundred or thousand dollars, you’ll want to make sure you have a formal promissory note written so everyone is in agreement on the loan terms .

How To Write a Promissory Note

Although it’s a legal document, writing a promissory note doesn’t have to be difficult. There are even websites online that offer fill-in-the-blank templates, like eForms or LegalZoom .

At its most basic level, a promissory note should include the following things:

• Name of the lender and borrower
• Loan amount
• Whether the loan is secured or unsecured
• If the loan is secured with collateral , it should define the collateral and when the lender can take possession of it
• Interest rate
• Payment amount and frequency
• Payment due date
• Whether the loan has a cosigner , and if so, who

If you’re charging interest on the loan, you can easily calculate the payment amount using a loan interest calculator . All you’ll need to enter is the loan amount, the term length (i.e., how long the borrower will take to pay it off) and the interest rate.

Keep in mind that each state has its own laws about the maximum interest rate you can charge on a loan. These are known as usury laws, and you’ll need to check them to make sure your loan interest rate is legal if you’ll be charging interest.

Signing and Storing a Promissory Note

It’s often a good idea to have a lawyer review your promissory note to make sure everything is valid and you’re not inadvertently violating any laws. However, using a lawyer is not necessary for the loan to be valid.

Once you draft the promissory note, it’s time for everyone to sign it: the lender, the borrower and the co-signer (if there is one). Again, seeking professional help such as notarizing the signatures is a good idea but not required. If you go to court to sue someone, it’ll ensure the other side can’t claim you forged their signature.

Make sure everyone who signed the promissory note gets a copy for their records. It’s a good idea to make a separate copy and keep it in a safe place too, such as in a locked filing cabinet and/or on your computer’s hard drive.

How To Make Changes to a Promissory Note

It’s okay if you need to make changes to your promissory note, but to do so, you’ll need to get everyone’s permission first.

To adjust the contract, it’s usually easiest to simply write up a second document as an amendment to the original document. Write down the changes, whether it’s the interest rate, the payment amount or something else. Then, have everyone sign that copy again, and give everyone a copy of the amendment. That way, it’ll still hold up in court if it’s ever needed.

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Lindsay VanSomeren is a personal finance writer based out of Kirkland, Washington. Her work has appeared on Business Insider, Credit Karma, LendingTree, and more.

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Unitad and nineveh court of appeal acknowledge close collaboration and successful completion of digitization project preserving millions of pages of isil-related evidence [en/ar], attachments.

14 August 2024- Baghdad : In the context of the conclusion of UNITAD’s mandate, Acting Special Advisor Ana Peyró Llopis met with Honorable Judge Raed Hameed Al-Muslih, President of Nineveh Court of Appeal in Mosul, on 13 August 2024.

During the meeting, the Acting Special Advisor thanked Judge Raed Hameed Al-Muslih for his close collaboration and support, underscoring the successful completion of UNITAD’s Digitization Project, as supported by Iraqi counterparts and the European Union.

In the context of this project, over 18 million pages of documentary evidence, gathered by Iraqi authorities, have been digitized, ensuring the preservation and storage of these records for future use in investigations and prosecutions of ISIL (Da’esh) perpetrators.

UNITAD established a dedicated team and leveraged state-of-the-art technology and advanced equipment for this project in 2020, which was reinforced by comprehensive specialized in-house training to the judiciary.

The collection in the Nineveh Court of Appeal now includes over 4 million pages of judicial and investigative documents related to ISIL (Da’esh)’s crimes, all processed. In addition, several hundred electronic devices previously utilized by ISIL (Da’esh) operatives have been submitted to the courts in Nineveh, where UNITAD’s forensic expertise has been instrumental in extracting and analyzing digital evidence.

Judge Raed Hameed Al-Muslih expressed his gratitude to UNITAD for the collaboration over the past years and recognized the important role of the Team in supporting the Court to ensure swift and efficient access to both evidence and historical documents.

The close cooperation between UNITAD and Iraqi judicial authorities to support accountability efforts for ISIL (Da’esh) crimes, in Iraq and third States, was also highlighted during the meeting.

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Strengthening social cohesion in the nineveh plains of iraq: issues of common concern and local cooperative solutions, unhcr iraq 2023 achievements, ksc statement on proposed amendments to iraqi personal status law no. 188 of 1959, unitad delivers milestone results to the supreme judicial council [en/ar].

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