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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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• Witness Statement Form

Witness Statement Form Templates

Witness Statement Forms are used to record the accounts and testimonies of individuals who have witnessed an incident or event. These forms are typically used in legal proceedings or investigations to gather factual information from witnesses in a structured and organized manner. The purpose of a Witness Statement Form is to document the details provided by witnesses, such as their observations, recollections, and any relevant information that may assist in understanding or determining what occurred during the incident.

• Form number

Form WS Witness Statement Form - Nebraska

This Form is used for creating a witness statement in the state of Nebraska. It is a legal document that allows individuals to provide information and testify about events or incidents they have witnessed.

Incident Witness Statement Form - Kennesaw State University

This Form is used for recording the statement of witnesses to incidents that occur at Kennesaw State University.

Personal Injury Form - Bhurtel Law Firm

This type of document is used for filing a personal injury claim with the Bhurtel Law Firm. It helps gather information about the accident and injuries sustained.

Form 28B Statutory Declaration to Sheriff - Ontario, Canada

This Form is used for making a legal declaration to the sheriff in Ontario, Canada. It is a statutory declaration that must be completed in a prescribed format and submitted to the sheriff for a specific legal purpose.

Accident Statement

This document is used for reporting and documenting the details and circumstances surrounding an accident. It helps insurance companies and authorities assess liability and process claims.

Auto Accident Reporting Form - Mclean Hallmark Insurance Group Ltd.

This document is used for reporting auto accidents to Mclean Hallmark Insurance Group Ltd. It is a form that helps individuals provide all the necessary information to their insurance company after being involved in a car accident.

Personal Injury Verification Form

This form is used for verifying personal injury claims. It collects information and details about the injuries sustained by the individual and serves as proof for insurance purposes.

Accident Report for School

This type of document is used to report any accidents that occur within a school setting. It helps to keep a record of the incident and provides important information for insurance purposes and future reference.

Suspect Description Form - Queensland, Australia

This form is used for providing a detailed description of a suspect in Queensland, Australia. It helps law enforcement gather information about the person's appearance, clothing, and other identifying features.

Auto Accident Form - Supplemental History

This document is used for providing additional information about your medical history related to an auto accident. It helps insurance companies assess your claim accurately.

Form SF-94 Statement of Witness

Form de-131 proof of subscribing witness - california.

This Form is used for providing proof of subscribing witness in California.

CTMD Form 1-6A Serious Incident Report Witness Statement - Connecticut

This form is used for submitting a witness statement for a serious incident report in Connecticut.

Form DD-009 Id Theft - Witness Statement - Michigan

This form is used for submitting a witness statement related to identity theft in the state of Michigan.

Motor Vehicle Accident Affidavit Involving Personal Injury/Fatality - Illinois

This document is used in Illinois for reporting a motor vehicle accident that has resulted in personal injury or fatality. It serves as an affidavit to provide detailed information about the accident.

Form ISP2-426 Arrest Related Death Incident Form - Illinois Uniform Crime Reporting Program - Illinois

This form is used for reporting incidents of arrest-related deaths in Illinois. It is part of the Illinois Uniform Crime Reporting Program.

Form AOC-420 Recognizance of Witnesses - Kentucky

This form is used for recognizing witnesses in the state of Kentucky.

Workers' Compensation Accident Witness Statement - Georgia (United States)

This document is used for workers' compensation accident witness statements in the state of Georgia, United States. It helps gather information from witnesses who observed an accident in a workplace setting.

Accident Witness Statement - Nebraska

This document is used to record the statement of a witness to an accident that occurred in Nebraska. It provides valuable information about what happened during the incident.

Form DPS:0192 Supplement 4 Official Oklahoma Traffic Collision Report Statement of Witness - Oklahoma

This form is used for the official Oklahoma Traffic Collision Report to gather statements from witnesses of a traffic collision in Oklahoma.

Form 53C Summons to a Witness Outside Ontario - Ontario, Canada

This form is used to request the appearance of a witness who is located outside of Ontario, Canada, for court proceedings in Ontario.

Form 26A Statement Identifying Issues and Witnesses - Nunavut, Canada

This form is used for submitting a statement that identifies issues and witnesses in legal proceedings in Nunavut, Canada.

Form F500-087-000 Electrical Inspection Witness Statement - Washington

This form is used for providing a witness statement for electrical inspection in Washington state. It is required for documenting details related to the inspection and ensuring compliance with electrical safety regulations.

Form DVSTMT Statement - Washington

This form is used for making a DVSTMT (Declaration of Status of Dependents) statement in Washington state.

Affidavit - Tennessee

This document is used in Tennessee to provide a sworn statement of facts. It is typically used in legal proceedings or to verify certain information.

Form 11-300 Complaining Witness Order - Pennsylvania (English/Russian)

This Form is used for requesting a witness order in a complaining case in Pennsylvania. It is available in both English and Russian languages.

Bail Enforcement Complaint Form Voluntary Statement - Utah

This document is a voluntary statement for the Bail Enforcement Complaint Form in the state of Utah. It is used to provide information and complaints regarding bail enforcement activities.

Witness Identification List - Virginia

This document is a list used in Virginia for identifying witnesses. It helps keep track of individuals who may have witnessed a particular event or incident.

Notarized Statement Form - Kentucky

This document is used for creating a legally binding statement that has been notarized in the state of Kentucky. It can be used for various purposes such as affirming the truthfulness of information or providing evidence in a legal matter.

Form JV-068 Guardian Ad Litem's Certificate of Services - Massachusetts

This form is used for the Guardian Ad Litem to certify their services in Massachusetts.

Form TF-239 Offer of Proof - Witnesses - Alaska

This form is used for offering proof of witnesses in legal hearings or trials in the state of Alaska.

HRD Form 414A Witness Statement Form - Hawaii

This form is used for submitting a witness statement in Hawaii for HRD purposes.

Witness List - Massachusetts

Affidavit - north dakota, form ds-71 affidavit of identifying witness.

This is a document issued by the U.S. Department of State for individuals who are applying for a U.S. passport and who are unable to establish their identity to the satisfaction of a person authorized to accept passport applications.

Affidavits - Queensland, Australia

Statutory declaration - queensland, australia.

This document is used for making a legally binding declaration in the state of Queensland, Australia.

Act of Violence Report - Arizona

Form dbo-el1726a affidavit - california.

This form is used for submitting an affidavit in the state of California. It is known as Form DBO-EL1726A Affidavit.

Instructions for General Testimony

This document provides instructions for preparing and presenting a general testimony in a legal or administrative proceeding. It provides guidance on how to structure your testimony and effectively communicate your message.

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Legal Disclaimer: The information provided on TemplateRoller.com is for general and educational purposes only and is not a substitute for professional advice. All information is provided in good faith, however, we make no representation or warranty of any kind regarding its accuracy, validity, reliability, or completeness. Consult with the appropriate professionals before taking any legal action. TemplateRoller.com will not be liable for loss or damage of any kind incurred as a result of using the information provided on the site.

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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FREE 17+ Witness Statement Forms in PDF | Ms Word

Sample Witness Statement Form - 10+ Free Documents in Word, PDF

18 witness statement form in pdf, 10+ witness statement form samples - free sample, example ....

On the other hand, a character witness statement may be given to help out a defendant and possibly give him a reduced sentence. By giving this statement, you become an impartial witness who shall give the legal authority an idea of the defendant’s character while explaining why he may have done the crime.

Accident Witness Statement

Accident investigation witness.

Size: 10 KB

Injury Witness Statement Form

Size: 62 KB

Personal Injury Statement

Accident Witness Report

Size: 43 KB

Employee Witness Statement

Non-employee incident.

Size: 16 KB

Employee Accident Witness

Size: 132 KB

Employee Sub Contractor

Size: 64 KB

What is a Witness Statement?

A witness statement is an important factor of decision-making during due processes of crimes. These statements help in reaching the verdict of a crime, as it is believed that upon submission of a Witness Affidavit Form , these witnesses have sworn to deliver or share nothing but true statements regarding the criminal act. This includes what the witnesses have seen, heard, or felt the moment an untoward incident happened. A witness statement is one of the strong evidences of a crime. Whatever statement is shared may be used against a suspect of any crime, meaning all the words uttered by a witness will matter.

How to Write a Witness Statement?

Writing a witness statement may conveniently be done when you are just tasked to fill up Witness Statement Forms or Student Statement Forms as you will only give what has been asked in the forms. Without these forms, you will have to remember these steps in writing a witness statement:

• Always give your details as the witness.
• Give a narrative statement of the all the things you have witnessed.
• Acknowledge that all you have stated are facts.
• Don’t forget to affix your signature.

Harassment Witness Statement

Sexual harassment witness.

Size: 90 KB

Harassment Witness Investigation

Size: 143 KB

Worker’s Compensation Witness

Workers compensation witness.

Size: 25 KB

Workplace Violence Incident Report

Size: 172 KB

Witness Statement Affidavit

Affidavit of potential witness.

Size: 28 KB

Sworn Confirmed Statement

Witness sworn affidavit.

Size: 92 KB

How to Write a Statement for Court Example?

In businesses, whenever there are worthy lawsuits to be discussed, some Employee Statement Forms may be used as evidences. However, when writing a statement for court, you should know that these statements must be carefully done. Below are steps on how you should write your statement for courts. For your convenience, some Free Statement Forms might also serve as your guide in writing these statements.

• Before writing a statement for court, make sure that you have remembered all the details of the crime and reflect on whether you are worthy to be called as a witness.
• Remember to keep everything brief and concise.
• Start writing by providing the court name, name of the case or the case number.
• Place small numbers before your paragraphs so that the judge or lawyers can easily go through all your statements.
• Give a short background of the case.
• Either you write your statements in bullet forms or in a narrative, make sure you give a clear and true statement or evidences about the crime. Also make sure that your statements come in a specific order, meaning, you should write statements according to the order of occurrences.
• Include a commitment that you have sworn to the law that all the statements you have provided are true and that you fully understand that all the statements will be used against the defendant.
• Certify your statement by affixing your signature over your printed name.

Witness Statement in DOC

Observation records witness.

Size: 108 KB

Student Witness Declaration

Witness Complainant’s Statement

Police Witness Form

Blank witness statement.

Size: 53 KB

Formal Witness Statement Form

Size: 5.3 KB

10 Tips on Taking Witness Statements

Taking witness statements may need you to be both comprehensive and meticulous. It is simply the same as how you assess Financial Statement Forms and Health Statement Forms. Below are few tips you can adhere to when taking witness statements

• Use plain words . Remember that not all witnesses may know jargons of your profession as a lawyer. Make sure to use simple and plain words while conversing with your witness.
• Avoid side comments. When your witness says that the old man shouted at the child, avoid giving comments such as maybe he did that because the child urged him to get mad, etc.
• Ask for specific descriptions. Ask your witness to draw specific descriptions. Was the participant of a crime about 5’8 tall? Did he have brown or black hair? Did he have identifiable marks, scratches or tattoos?
• Ask for quotation marks. Without adding words on statement, ask your witness to quote what he have heard during the crime.
• Read through his eyes. Sometimes, we get to know whether he witness is stating facts through his eyes and other expressions or mannerisms.
• Take one witness at a time. Some crimes may include more than a single witness. Avoid doing group discussions and Interview one witness at a time, it may help you in assessing these statements too.
• Use a recorder. It may help you review your whole session.
• Do initial questioning. Beforehand, take notes of initial questions regarding your witnesses.
• Be patient. Your witnesses may not have a good memory, be patient and just record everything.
• Witness report. Always end your session by coming up with a witness report which may also be used during the trial.

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How to write a witness letter for statements.

By J.D. Richards

June 05, 2017

• How to Write a Letter of Testimony

A witness statement is a brief summary of a witness's testimony. It is used either in the process of discovery as a preview of the full testimony or as the actual testimony in court. In the United States, litigants usually forgo witness statements in favor of a more extensive and direct deposition of each potential witness prior to the trial date.

Write a heading in an upper corner of the page. The heading should include the name of the party for whom the statement is being prepared, the date of the witness statement and the case number. Read More: How to Prepare a Will-Say Statement

At the center of the page, write the name of the case. This is typically written as the name of the claimant or plaintiff, identified as such, followed by the word "and," then the name of the defendant, identified as the defendant.

Identify yourself and your involvement with the case in the opening paragraph. Give your name, your address, your age and your occupation. Then describe your relation to the defendant or to the scene of the alleged crime.

Begin describing the events that you have witnessed. For added clarity, break down the events into a numbered sequence.

Include as many exact details as possible. These include dates, times, dollar amounts, makes and models of vehicles, time and speed estimates, distance from objects, and personal descriptions.

Reproduce conversations in the first person, using direct quotation, to the best of your ability.

Do not write about events that you did not directly see, hear or otherwise perceive yourself.

At the end of your statement, verify it by writing, "I believe the facts stated in this letter are true to the best of my knowledge."

• About Small Claims: An Example of a Witness Statement
• New South Wales Maritime Authority: Witness Statement
• Cornell University Law School: Federal Rules of Evidence

J.D. Richards has worked as a writer and journalist since 2005. He has written for various publications, including the alt-weekly "Creative Loafing" in Florida as well as Manhattan's "New York Press" and "Blackbook Magazine." He graduated from the University of Florida with a Bachelor of Science in journalism.

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Witness Statement

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• Carefully recall the events of the incident reporting . Recall what happened, where and when it occurred, and who were the persons involved.
• Write down the relevant facts you recall. Make sure you don’t include biased opinions. Create a detailed timeline to organize the information you wrote.
• Make your statement short and use simple language. Write in a formal manner, and if possible, avoid using legal terms or words. Avoid using passive form in sentences.
• Carefully present your statement examples in pdf . Avoid using “we”. Avoid phrases expressing your state of mind (e.g. “I thought” or “I believe”).
• Avoid making paragraphs. In writing your witness statement, write one sentence per paragraph.
• Review and revise your statement as necessary. Make sure you have written all the relevant facts based on what your recall. Correct errors in spelling or grammar, and other errors you find.
• Validate your witness statement. Provide your full name and sign your witness statement.

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How to draft a Witness Statement: Tom’s essential 5 point guide

Last updated: 22nd November 2021

The quality of your witness statement is of vital important in the Employment Tribunal process.

The importance of producing a comprehensive, accurate and relevant witness statement cannot be understated!

Essentially, it serves to bring all the evidence together on which your case is based, and thereby considered by the Employment Tribunal .

This also applies to the statements of any witnesses you may wish to call in support of your case.

You must therefore ensure it includes ALL relevant information that you (or your witnesses) wish to convey to the tribunal.

Any relevant or important information you omit from your witness statement and then seek to give to the tribunal when your case is heard, will not be admissible.

Your statement adds context to your evidence

When drafting your statement you need to keep in mind that it is this submission that basically brings all your evidence together.

It supports the documentation, recordings, CCTV footage and other evidence on which your claim will be judged.

Essential To Know

You must understand that the Employment Tribunal Judge (or judging panel) will simply read your witness statement and accept that as your evidence.

You should think in advance what areas your statement needs to cover in order to win the specific legal claim you have advanced at Employment Tribunal.

For example, the legal test for an unfair dismissal claim is that your dismissal was, in all the circumstances of your case, unfair. Therefore, the details within your witness statement should describe and support this argument.

As such, you may want to focus on the procedural defects in your dismissal, before going on to explain why you feel, overall, that the decision to dismiss you was unfair.

No automatic right to supplement the contents of your statement

If you fail to include important evidence in your statement, when giving oral evidence in the witness box, you cannot say “Oh, by the way Judge, there’s something I forgot to mention in my witness statement, which is ….” .

If you try to do this, the Judge will possibly stop you from giving such evidence and ask for an explanation as to why you did not include it when you compiled your original witness statement.

As such, this supplementary evidence will be deemed inadmissible, and its exclusion could prove detrimental to the outcome of your case.

It should be as clear and concise as possible

You should try to keep your witness statement as clear and concise as possible, describing what happened and in what order.

Tell your story in a logical way which makes it easy for the reader to understand.

The way I prefer to write witness statements is to start off by giving a little background about:

• Your career
• Your specialism
• Your role within the company

Following this I would move onto the “meat and drink” of your evidence setting out, in chronological order, exactly what happened leading up to your decision to commence a legal claim.

You should keep the structure chronological.

A useful tip is to start each substantive, or major paragraph, with a date. And, if you are unsure of the exact date, you should use the wording “On, or around [date] …”.

Avoid hopping back and forth from date to date as this will only confuse the reader and prove harmful to your prospects of success.

Finally, you should give the Employment Tribunal some information on your current status.

For example, if you have secured alternative employment, it would prove useful to give details of when you got the job, how much it pays etc.

Equally, if you have not yet secured another job, you should give evidence of the efforts you have made to find one, referring to your ‘mitigation documents’ which should be included in the agreed bundle of documents relating to your dispute.

Tom’s Tip

If you want to score brownie points with the tribunal, ensure your witness statement cross refers to the bundle when you refer to your documents.

For example

If your statement states “I was summarily dismissed for gross misconduct on [date]…” you should then put the page reference to the dismissal letter just after that statement i.e (see Page [] of the bundle).

When reading your statement, this enables the tribunal to quickly and efficiently refer to the various documents you cite within the bundle.

Tell your story

Your witness statement tells the Employment Tribunal your story!

This goes back to its importance in the tribunal process. It highlights the key moments in your story, and refers to the supporting documentation you rely upon, allowing them to understand as quickly as possible, the basis upon which you are arguing your case.

Check your draft

Clearly you should check for spelling or grammatical errors in your witness statement, to ensure it is as perfect as it can be.

On completion of your first draft, you should proofread it and make sure you are happy that it is:

• Factually correct
• In chronological order
• Reasonably concise (avoid too much waffle)

Once you are happy with it, you would normally need to print it and sign a copy of ‘the statement of truth’ at the end. Then, on the date you have been asked by the Judge to exchange witness statements with your opponent (the respondent), agree a time to exchange signed statements by email.

Unfortunately, it is not always possible to get signed witness statements on the day you are due to exchange.

What I would recommend in these circumstances is that you advise the other side that you are sending unsigned statements, but the ones that will be signed, will not be any different from the unsigned ones.

The above ‘How to …’ guidance has been provided to assist you in drafting your witness statement should you wish to do it yourself.

Below is an example that you can use as a template:

However, our team of specialist employment law solicitors have a wealth of experience in putting together witness statements to support all employment law related disputes and we can assist you on a fixed fee basis.

Where you have a viable case, we may be able to represent you on a no win no fee basis to assist you in advancing your claim and achieving a successful outcome at Employment Tribunal.

You can find out more about our no win no fee policy , or alternatively get in touch with one of our friendly and knowledgable team on 020 3923 4777 . You can also submit your details 24/7 via our quick and simple online enquiry form .

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25+ Free Printable Witness Statement Forms & Templates (Word)

Home / Legal / 25+ Free Printable Witness Statement Forms & Templates (Word)

A witness statement form is a document used to show what a witness has to say regarding a case. You should first file the witness affidavit form if you are bringing a witness to arbitration then serve it to the other side. Your witness can’t get approval to give his statement or evidence in case you aren’t able to do this in time.

However, there is no standard format for this document but you should consider the following;

• On an A4-sized paper, type or write the statement by hand.
• Start the document by stating complete legal name, complete address, and the occupation of the witness providing the statement.
• Number the paragraphs and you should ensure that each paragraph has an idea or fact in it.
• On the last page, affix the witness signature and the date he signed the document.

Table of Contents

• 1 Different types of witness statement forms:
• 2 Why is essential to make a witness statement form?
• 3 What to include in your witness statement form?
• 4 How to take statements for your witness statement form?
• 5 How to write a witness statement form for the court?
• 6 The benefits of using a witness statement form:
• 7 Conclusion:

Different types of witness statement forms:

Once in a life no matter where you are you may experience altercations or incidents. If such instances occur and you are witness then the people allocated to the investigation may speak to you. They may even ask you to sign a witness affidavit form. This document has all the pieces of information that you’ve remembered regarding the incident you’ve witnessed. There are different types of witness statement templates and on the basis of the situation they’re used for. You can create a form for the following;

• Office workers

Why is essential to make a witness statement form?

A witness statement form is a type of document that includes the summary of a witness’ oral proof which he will give while the trial. The main purpose of the witness statement form is to disclose the proof of the witness. There are some jurisdictions where the form acts as the testimony. But, this document in other jurisdictions only acts as a “preview” of the proof that the witness will give.

You can make a witness statement in various ways. You can look at some witness statement examples to have a better idea of what to write in case it’s your first time to compose this document. Consider the following ways to write the witness statement;

• The witness by using his own words, write down his statement or his version of the events that transpired. After that, he has to affix his signature, date the document, and have it notarized.
• Also, a lawyer may write the statement depending on what the witness explained and then ask the witness to sign the document.
• The witness may has right to record his statement. Then, he testifies the accuracy of what he said during the trial. This type of witness statement is considered official by the court and you can use it during the trial.

What to include in your witness statement form?

If you are going to compose a witness statement, then you should just write what you know. In the document, include what you’ve seen, what you’ve done, and what you’ve heard about the incident. The gossips, rumors, or information that you have got from other sources, don’t include them.

Furthermore, this document also includes all of the information to develop your credibility as a witness. For example, you should include the following information while making a statement for your work;

• Indicate the date when you have signed the agreement for employment.
• The date when your work started and the position you started with.
• In case, you are employed under any enterprise agreement, mention this as well.
• State the date and your new job title if you had a promotion.
• Any information regarding a change in your responsibilities and duties.
• Any information about meetings regarding performances or complaints.
• Any details regarding your dismissal and reason behind it.
• Your last working day date.

In witness statements, dates are very essential. However, you can’t remember sometimes the exact date of the incident. You may specify the date range in such a case and include the words “on or about” to explain the estimation.

Moreover, in case, you are composing the witness statement yourself, include significant statements in quotation marks that other people said during the incident. If there are any other documents then attach them to the witness statement.

How to take statements for your witness statement form?

Consider the following tips for taking statements from witnesses;

• Ask the witness while speaking to him to share the information briefly and precisely. You don’t have to add comments regarding what happened or any rumors that he may have heard regarding the event. Use quotation marks if you’re writing the statements verbatim.
• The witnesses who were present at the time the event occurred, speak to all of them. By doing this, you can compose all of the witness statements. Also, you become able to include all of the information in your investigation report.
• Take down notes as you converse with the witnesses. This way, when it’s time to make the witness statement forms, you will remember everything they’ve said. But, you should stop and listen carefully if the witness doesn’t feel comfortable about you writing down notes so that you won’t forget anything.
• Make the questions as simple as you possibly can while ask them to the witness. Also, don’t use technical jargon or terminology. This is because they might confuse the person you’re talking to. When the witness answers your questions, you should wait till he has completed before you ask the next question.
• In some cases, the witness is unable to immediately recall the details of the incident, particularly when he witnessed something extremely stressful or traumatizing. You have no option in such a case but to wait patiently. You won’t get anywhere by asking too many questions or forcing the witness to answer the questions and share details which he doesn’t remember. He may end up by refusing to speak to you altogether.
• Sometimes, the witness is unable to voice out what he has seen, heard or experienced. In such cases, by using diagrams or sketches, you may ask the witness to express himself if such would be easier for him. After that, you may have a visual interpretation of a witness statement.
• Don’t admit to any kind of liability. You should never recommend while discussing with a witness that you possess prior knowledge of any dangerous behavior or situation that led to the event in question. Never start arguing with the witness about legal or moral issues. Keep in mind that your job is to get the statement. You may become liable by saying too much.
• When you are composing the document for the other people, ensure to ask the witnesses who gave the statements to affix their signature and the date. This step is compulsory for both you and the witness.

How to write a witness statement form for the court?

Witness statement forms can prove to be extremely valuable in times when lawsuits need to reach the court. As a form of proof, you can use these documents but you first have to know how to compose them properly. You may download this witness statement template, and when composing your own statement, you can use it or make it as your reference. Here are some tips to follow;

• Try to remember all of the details of the incident before you start. Think about whether or not people are worthy to become a witness to the incident in case you plan to ask them to give their statements.
• Make sure your statements are short and precise. Don’t make it confusing by adding too many words to lengthen the document .
• By writing down the court name, the case name, and the case number, start the document.
• At the beginning of each paragraph, write small numbers to make the document easier to refer to when used in court.
• Give a precise background of the case in order to make sure that everyone involved has an idea of the incident and why you’re taking it up in court.
• It’s up to you whether to write the witness statements either in narrative or bullet form. All the information in the document is true as stated by the witnesses is the important thing that you have to make sure.
• Include a statement that states you’ve sworn to the law. It means that everything you’ve written in the document is true.
• To the document, affix your signature or in case, you’re writing the statement for the witness, then ask him to sign.

The benefits of using a witness statement form:

Experienced professionals has designed a witness form and so it has a very distinctive look. It makes the user able to record the statement in a very systematic and organized manner. Thus, it makes it easier to refer to the statement on a later date. You can customize the forms according to the need of the user that is surely an added benefit. These forms are considered to be valuable proof in the judicial court once sealed or signed by the concerned authority.

Conclusion:

In conclusion, a witness statement form is an important document that contains the statements of a witness regarding an incident. You, as an in charge of investigating the incident, have to gather statements from witnesses. The statement should be concise and short.

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10+ Witness Statement Template

A witness statement template is a lawful document which is used for recording evidence of a witness. It is a useful tool having worth in court and consider as an evidence for any illegal act. The court is responsible for providing order after analyzing proofs and hearing arguments of both parties. This document is provided as a written evidence to support a case of any party and can be used as a source of analyzing truth in court. A witness statement is started with the name of the case along with claim number, full name and address of the witness with contact information and a brief summary about the statement along with the signature of the witness. A court only considers those statements which are seen by the witnesses with their own eyes. This document is highly used in courts for the purpose of recording oral evidence and able to utilize in legal proceedings. It is not like personal statement but it outlines all facts relating to the issues arising in any dispute.

Importance of Witness Statement

A professionally designed witness statement plays an important role in providing awareness to the court about different issues of a case. In these fast days, people are worried about the wastage of time and looking for valuable tools for generating any document within the shortest possible time. It is a difficult task to find a magnificent template but no need to worry because we provide you an opportunity to get a ready to use format which can help you in saving your precious time. Our template is highly designed and created by professionals and trained person with their worthwhile skills and experiences. It can be useable multiple times for various professional purposes based on your requirement. Our template can be utilized without any modification because we always bring an effective template for the convenience of our consumers. You can easily get a tremendous template for a witness statement by downloading it from our website where other free statement templates are available for you.

Benefits of Witness Statement

We have read the importance of this vital document, and now it is time to understand its benefits. Since it is a legal document therefore, it holds enormous value not only in legal matters but also in professional business life. A few benefits are given below for your ease;

1- Anyone can use this statement in a court of law as an evidence that a certain event occurred which needs justice.

2- Apart from proving someone guilty, this document can also be used to set an accused free, based on facts which it contains about a certain incident.

3- This document can resolve professional as well as personal disputes among parties based on a statement of witness who was present at the time of agreement.

4- Further to this context, a witness statement can put all agreement parties right on track. They know the witness and cannot avoid his/her statement especially in front of legal court. Therefore, the power of this legal statement holds the contract intact throughout its life.

5- This statement further can help people in dealing with outside people to whom they cannot trust. Adding someone as witness will help them to get into a business transaction thus it increases the business volume, no matter whether you are at your country or any other country.

Witness Statement Template Word

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In every company, various incidents such as accidents or altercations are bound to happen. And every time that these problems occur, management would need to gather as much information as they can from the people involved in the incidents.

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How to write a witness statement

The form in use.

• Be on one side of an A4 paper and has to be either typed or neatly written.
• Start with yours or the witness’ full name, address, and occupation.
• Have numbered paragraphs with one fact or idea in each paragraph
• Signed on the last page by either you or the witness making the statement with the date right beside the signature

Include only what you know

Include important information about your employment in your witness statement.

• The date when you signed your employment contract
• When you started working and your position in the company
• What award or enterprise agreement were you working under (if any)
• The date of any promotion that you have received and the name of the position that you were able to achieve
• Details of any changes to your duties and responsibilities
• Details of any important performance meetings or meetings that discussed complaints
• The date when you were told you were dismissed, and what you were told about the reason behind your release
• The date of your last day of employment

Include dates or date ranges

Write down what somebody says, attaching documents, victim witness statement.

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Tips on taking witness statements

• Have the witness confine comments to what that person was able to witness with his or her own eyes. Avoid recording hearsay or any particular statements that are not within the witness’ personal knowledge. Make sure to use quotation marks whenever you write down whatever the witness actually says he or she saw. In addition, you can introduce the witness’ quotes by making use of language like “the witness stated”. In the event that the witness says that another person described the incident to him or her, record the name and contact information list of that other person immediately.
• Take down all of the necessary witness statements and complete your investigation report in every case, even in the case where an injured person states that he or she lost balance and fell on his or her own. Never assume that you can hold off on an accident investigation because of any statements that were made by the injured person. Make sure to always complete your investigation report and obtain all the necessary statements for every case.
• During the initial questioning of the witness, it is advisable to take down notes. However, you have to make sure that your note-taking is unobtrusive and you stop should the witness feel distracted or uncomfortable. You need these notes as these can help you verify other statements that you have gathered and may just become a useful tool of evidence in court.
• Try to keep your questions as simple as possible. Avoid using any terminology that the witness does not know as it will be a waste of both of your times. Once you are done asking your question, let the witness do the talking. You do not want to add anything that could influence the witness, so keep silent and wait until the witness has finished saying whatever needs to be said.
• If the witness is having a hard time recalling things that happened during an incident, then the only thing that you have to do is to remain patient. If the witness does not have enough information to answer a particular question, then just record whatever he or she can say about it. Do not insist that the witness give a yes or no answer to every question that you ask. Allowing the witness to try and elaborate on any information is vital. Just remember to tell that person that he or she must only provide whatever he or she saw and heard, and nothing more.
• The witness may have some difficulty in voicing out what he or she was able to observe. In the event that this happens, you can make use of sketches or diagrams to help out. Your accident investigation report or safety survey should have a diagram of how and where the incident occurred that will help you provide a visual interpretation for the witness.
• Never admit to any liability. You should never make any statement to the witness that suggests that you have prior knowledge of a dangerous condition or behavior that has led to the incident. You should not argue with the witness regarding moral or legal responsibilities. Remember that anything said can and will be used against you, so try to know what you should say and what you should not during these situations.
• All statements in a witness statement form must be signed and dated by the person taking the statement and by the person giving the statement. Both parties must write their complete names, addresses, and contact details in the form as legibly as possible. If not, then these will not be viable for use in court.
• If there is more than one witness, then you are going to have to interview each of them individually instead of in a group. Group interviews will allow one witness to hear the statement of another and this can only lead to confusion or even repetitive statements. Plus, one might just be influenced to go along with another witness’ statement and this can only lead to falsified information.
• Making use of a tape recorder to save witness statements is acceptable in some states or countries, but the circumstances in which they can be used have to be carefully controlled. So in the event that you do make use of a tape recorder, then you need to keep these three factors in mind: a.) a written and signed witness statement is always the best form of evidence; b.) the area where you are recording the statement may be too noisy and you may not be recording good quality audio, resulting in it becoming completely useless; and c.) always remember that you may have to transcribe the statement and then supply a copy to the claimant as well as his or her attorney.
• Always use a witness report form to document a statement given by a person who is a witness to any incident. The form should contain a checklist of information to obtain and a space for the person who is taking the statement as well as the person giving the statement to affix their signatures.

How to write a witness statement for court use

• Before you decide to write a witness statement for the court, make sure you remember every single detail of the incident and reflect whether you or the person who is providing the statement is actually worthy to be called a witness.
• Remember to keep everything brief and concise. You do not want to make it too long and confusing as that will just defeat the purpose of the witness statement.
• Start writing by providing the court name, the name of the case, or the case number.
• Place small numbers before every paragraph so that both the judge and the lawyers can easily go through all of the statements you have included in your witness statement form.
• Give a short background of the case that is going to be discussed in court. Make sure that everybody who hears about the case has a general idea of what has happened and why it is being brought up to court.
• You can decide to write the statements in either bullet or narrative form. Make sure that all of the statements you place in the form are true and that you provide all of the necessary evidence that is relevant to the case being discussed in court. Also, make sure that all of your statements are chronologically organized. You want the judge and the lawyers to know what happened first and what happened last.
• Include a statement that you have sworn to the law that all of the statements you have placed in the document are all true and that you fully understand that all of the statements can be used against the defendant.
• Certify your statement by affixing your signature over your printed name.

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FREE 10+ Witness Statement Form Samples in PDF | MS Word

When an accident or an incident occurs, usually an investigation is underway. The reason for such is that investigators want to solve the case and find out how and why an accident happened. Whenever something unfortunate happens to the victim for example the incident has cost a life or has seriously injured an individual then it is important to ask witnesses about what they saw or heard. Such accounts can be vital evidence that may help solve the case.

Witness Statement Form

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That being said, a witness statement form is provided to these individuals when interviewed or when tasked to write down what they witnessed. Investigators then use this form for analysis and evaluation to assist in their findings. To learn more about this form, let us discuss this further below. And if you need to start working on this particular form, check out our free witness statement form samples that are available for download on this page.

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If you happen to witness a crime, or an incident it is your moral duty to help with the investigation. What you have seen or heard may play a big part in solving or aiding the case. A witness’s statement can either clear someone else’s name, add credibility to another individual’s statement, or may fix a dispute of some sort. Investigators and lawyers usually prepare a handy document called a witness statement form where details regarding the incident are recorded. A witness statement should be factual and state what was seen, heard, or felt by the person writing the statement.

Should the case be taken into court, they will ask you to prepare this document within a given time frame and it could be used as supporting evidence on the case. But as a general rule, you need to ask permission to present this document to a court or depending on the circumstances.

Being a witness can be a nerve-wracking experience especially if you need to recount what you have seen, heard, or felt leading up to a certain incident. Some people even feel traumatized and are unable to give a full account, this is why investigators must ensure these individuals are in a calm and collected situation where they are able to slowly remember what happened. Pressuring a witness may lead to false testimonies, so make sure they are given enough time to recollect their thoughts and put it into writing.

Take note that a witness statement form isn’t just used for court cases, or for police investigations. This in fact can be used when an incident occurs in a workplace or in schools. The importance of documenting a witness statement however small the incident may be can just be equally vital to court cases. To help you complete a witness statement form, you may find the following details in this document.

If you are preparing a witness statement to be used in court, then you need to include the name of the court where the hearing will take place, the case number, and the date.

State the name of the full name of the witness and his or her address.

You need to also include the other names of the parties included in the case.

For a work-related witness statement, it is important to identify the employee aside from his or her name. So the designation, contact details, and even age could be written down on this document.

The main body of the document is where the witnesses record or write down what they have seen, felt, and heard during the incident. These could be moments leading up to what happened; when it happened; or after it happened. Or if the witness was there the entire time. If needed in court, the format should be in numbered paragraphs on numbered pages.

After the evidence has been written down, the last portion should include a statement stating ‘I believe that the facts stated in this witness statement are true.’

Right after that, the witness affixes their signature and the date.

Giving out a false statement is a crime of perjury and you may be imprisoned for a number of years.

In a criminal case, if the witness refuses to cooperate and testify then they could be liable in contempt of court. Being in contempt could result in jail time and/or a fine.

A sworn statement is a document that is from a witness of a case, it recites that all content is true and is aware that the penalty of perjury may take place if they do not tell the truth.

A witness statement form is a valuable document that is used in many ways, especially if there is a need to help solve a case or an investigation. It may hold the key that can help victims as well. To make it easier for you to create this document, don’t forget to download our free templates above!

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Practice notes

Sample witness statement

Use this example of a typical witness statement as a guide to help you write your witness statement. 

Write your witness statement in numbered paragraphs. State your name, address and occupation in the first paragraph. Try to describe events, actions and specific dates when detailing your account.

For more information, see witnesses and witness statements .

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• Business and industry
• Business regulation
• Intellectual property
• Trade marks
• Filing evidence about an application or in tribunal proceedings
• Intellectual Property Office

How to complete a witness statement

Published 8 November 2019

© Crown copyright 2019

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected] .

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/filing-evidence-about-an-application-or-in-tribunal-proceedings/how-to-complete-a-witness-statement

Witness statement header

The statement must be headed ‘Witness statement’. Under this (usually on the right-hand side) you should insert details of:

• the application number and, if applicable, the opposition/cancellation number
• the name of the applicant/proprietor
• the name of the opponent/applicant for cancellation (if applicable)

Part 1: who is making the statement

You should insert the following information:

• the name of the person making the statement
• their address - usually the official business address but it could be their private address
• their position, status, or rank within the company (if applicable)
• the company name (if applicable)
• the source of their information - personal knowledge, company records, or other

Part 2: body of the statement

This is where you include the facts you wish the hearing officer to know about the use of the mark or, if applicable, about the relationship between the parties.

Please provide any information about the use of the mark which you think can help your application.

You should provide any documentary evidence to support your statement in the form of exhibits. The exhibits need to be mentioned in the witness statement and should be clearly labelled. If possible, include separate header sheets for each exhibit.

If your evidence is about the use you have made of your trade mark/unregistered mark, you should provide evidence of, for example:

Sales or turnover

Give the amount of annual sales or turnover under the mark. If you need to show use for different goods and/or services, you should provide separate figures for the different categories of goods and services, as far as possible. If this is not possible and the registration covers numerous categories of goods/services, you should provide an approximate percentage breakdown of the sales relating to the various categories of goods/services.

Invoices and price lists may be provided as exhibits. You should make sure that the figures relate to the relevant period and to the UK (or the EU, if it is an EU trade mark). If possible, explain where in the UK (or EU) your mark has been used. You may also wish to provide evidence of market share if available.

Advertising

Give the annual amounts spent on advertising or promoting the mark in relation to the goods/services at issue. State what sort of advertising you have used (for example: TV, radio, titles of newspapers or magazines, hoardings and so on). It will help if you include samples of the advertisements as exhibits. If you want to file evidence from brochures, you can just copy the cover and the relevant pages, rather than the whole document.

Once again, you should provide information relating to the relevant period and territory.

Media/other promotional activities

You may wish to provide examples of press or online articles which show how widely your mark is known. Other types of promotion could include attendance at trade shows and exhibitions. Evidence of this can be included as exhibits and should be from the relevant period and relate to the relevant territory.

In showing the distinctiveness of the mark, statements from chambers of commerce and industry or other trade and professional associations may be of assistance.

If your evidence relates to any other matters (for example bad faith)

You should explain the facts which you consider support your case. If there has been an official objection at application stage on the grounds of bad faith, you should explain your legitimate interest in the mark. After publication, if there were any relevant agreements between the parties, for example, you should provide evidence of these. If the relationship between the parties at the time of filing is important, you should explain it fully. Documentary evidence (such as contracts/agreements) can be attached as exhibits.

Part 3: statement of truth

The statement must include the words ‘I believe that the facts stated in this witness statement are true’. Then sign and date the statement.

If the statement of truth and signature are on a different page from the rest of the statement, the whole statement (including the statement of truth) should have paragraph numbers.

Notes for providing evidence

All of your evidence should have numbered pages. If possible, all paragraphs of the witness statement, including the statement of truth, should also have paragraph numbers.

Archive website prints (such as from the Wayback Machine) can be helpful in showing how goods/services/marks were displayed on websites in the relevant period. If you do not use archive prints, you should confirm in your statement whether the use shown is the same as it was at the relevant time.

Evidence is about giving facts. If you want to give your opinion about something (for example how similar trade marks are) or make points about the law, these should be filed separately as submissions ( see glossary of terms ).

In tribunal proceedings

Evidence in chief for tribunal proceedings (i.e. opposition or cancellation actions) is limited to 300 pages. You will need to seek permission and provide good reasons if you need to exceed this limit.

In tribunal proceedings (i.e. opposition or cancellation actions), if you want to rely on something on a website, you should provide a copy of it as an exhibit. Exhibits should have a header sheet with the exhibit number. If you only include a link in your statement, the hearing officer won’t look at it (because the link might not work or the content may not be the same at the time of the decision or any appeal).

At examination stage

There is no limit on evidence for official objections prior to publication.

Pre-publication, you may file links to websites in your evidence. These will be considered by the hearing officer.

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