How Are Witness Statements Written and What Should They Include?

As a team of specialist litigation solicitors virtually all of our work involves court evidence, or disputes where evidence such as witness statements might be needed. 

If you need to write a witness statement, you might mistakenly think its easy to just write one yourself or find a template online and follow a pre-prepared format. However, there is more to these documents than meets the eye and their content and format presentationally is incredibly important to position you on the front foot to win. Getting the content correct can be absolutely critically important and can/usually will significantly alter your prospects of success overall. Conversely poorly drafted evidence can result in an otherwise winnable claim/dispute being lost.

Usually, a solicitor acting for the party who wants to use your knowledge as evidence in their case will help draft a witness statement. These statements must confine themselves to the facts, and there are key legal requirements which if you are not aware of it’s easy to trip up.

Our guide below explains how to write a witness statement, covering what to include and, just as importantly, what to leave out.

What Is a Witness Statement?

Witness statements are used in all civil claims to provide evidence to the court. The Civil Procedure Rules (CPR Part 32) contain all the relevant information governing their form and content.

Every witness statement must contain a statement of truth; this appears at the end of the document and declares that the facts are true and accurate. 

When Is a Witness Statement Necessary?

In civil claims like the commercial, property and construction disputes we specialise in, a claimant must prove their case on the balance of probabilities, and so a witness statement is usually necessary and important evidence in support of the overall case.

A witness statement in civil courts is a record of what you say. Technically it is known as your evidence in chief. At trial, or at a hearing a witness may be cross-examined on the content by the opponent (or their advocate) and there is then the opportunity to re-examine (or explain again) your evidence. Witness statements inform the other party and the court of the evidence the witness will give, and which the other party will rely on in support of their case. This all helps a judge form an opinion on what happened in conjunction with other evidence.

What is in a witness statement will vary from case to case and there are strict procedural and technical requirements as to what should be and must not be included in a witness statement. In general terms the court is looking for a clear account of the evidence that the person making the statement has which will assist the court in deciding the case. So if the case was for a contract and part of that contract was made in a conversation, then the court would need a witness statement explaining what was said and understood.

The court may refuse to allow witnesses to give evidence if they have not previously submitted a statement.

There are also now increasing limits on the length and content of witness statements and an increasing emphasis on witnesses themselves giving their primary evidence without direct input from barristers especially.

However, there are some times when it will not help to provide a witness statement and you need to consider carefully whether what is being said is going to help or hinder the case at trial.

How Do You Write a Witness Statement?

Initial Scoping Discussion

Usually, lawyers acting for a party in the dispute will contact witnesses suggested by that party to ascertain whether they can provide factual evidence relevant to the case. This typically happens during informal conversations.

Fact Finding

Once a lawyer has established the parameters of a witness statement, they will next meet or interview the person and take a detailed account of what happened.

This process may be lengthy and depends on the complexity of the situation. A solicitor must ensure that the statement presents only the facts within that person’s actual knowledge.

A solicitor can ask a witness to examine certain documents related to the case as part of the fact-finding process; keeping a detailed record of this review is essential. A statement can include other facts a witness has been made aware of, but presenting this information is more complicated. This is known as hearsay evidence which carries lesser weight in court that direct first hand evidence.

The statement should clarify which statements are fact-based and which are based on information from a third party and include details of the third-party source.

What Should be Included in a Witness Statement?

A witness statement must be written in the first person and the witnesses’ own words. The account should only contain facts within the witness’s knowledge, and there should be no opinion or commentary unless it’s an Expert Report.

The body of the document should follow a logical chronology of events, with the facts divided into numbered paragraphs; this makes it easier to find and refer to specific information. The statement must be as concise as possible without omitting essential information.

Often, lawyers will provide an initial draft before producing a final version. The witness checks the draft statement for accuracy and must also ensure the language expresses what happened in a way that they would describe the events or situation.

A witness statement can also refer to supporting documentation that corroborates precise facts. 

What is the Correct Format for a Witness Statement?

Witness statements must follow a strict format and include the name and address of the person making the statement on the first page. 

This page should also state the party in the proceedings the witness statement supports, include any exhibits/documents referred to in the content, and the date. There is a prescribed form of words for all this information.

The statement must indicate whether it is the first statement from that person (there could be more than one). There are rules about the paper size and even the margin layout. Numbers and dates must be expressed in figures.

The court may reject statements that are not in the correct format.

Statement of Truth

All witness statements are signed with a statement of truth, a set form of words in which the witness confirms that all the facts contained within the document are true and accurate. 

Producing a statement with false information puts a witness in contempt of court. That person can be subject to proceedings for contempt, for which the penalties include a fine (unlimited) or a prison term of up to two years or both.

Because witnesses may be cross-examined in court on the content of their written statements, false information or errors will come to light. Cross-examination by counsel for the opposing party can be robust, so it’s essential that a witness focuses on the content of their statement and is completely happy before they sign it.

The document should remain unchanged after it is signed. If information needs to be altered, a new statement should be prepared.

How to Serve the Statement

All signed statements are sent to the opposing party in a claim or dispute, a process known as service. The Civil Procedure Rules (CPR) set out how this happens.

Service varies on a case by case basis, but usually it is provided by post to the address on the claim form or any notice of change subsequently provided. It’s vital to ensure service is effective and keep a record. 

If a claim goes to court, both sides will exchange statements, usually simultaneously allowing them to review the evidence against them. Statements are not traditionally exchanged by email unless this is agreed beforehand.

Witness statements must also be filed with the court as well as being served on the other side.

Frequently Asked Questions

What Not to Say in a Witness Statement?

A witness statement should contain all necessary facts to present a clear and accurate picture. There should be no opinion, criticism, commentary, or arguments for or against. 

The writer should avoid jargon that may not be clear to the court and confine themselves to a factual and chronological narrative.

Final Thoughts

If you’re asked to give a witness statement you will usually be approaching the end of a dispute. Even at this late stage in court proceedings getting the content of witness statements correct is critically important to position you to win. Obtaining legal advice from litigation specialists can help ensure your evidence, and overall case is presented in the best possible way. It’s easy to stray from the rules or not include what you need and we have seen a number of times where opponents have got this wrong and lost their case as a result.

We specialise in litigation and only deal with disputes. If you are involved in litigation and are considering how witness evidence is relevant to your case, we can help you. We act in disputes across the country and have a specialist team well placed to help position you on the front foot. If you need assistance we’d love to help you; contact Helix Law