Drafting a civil court witness statement

Hello! I am Gemma, a friendly legal assistant here at Lawyer Destroyer. I would be happy to help you understand what goes into a witness statement for a civil court case in England and Wales.

Writing a witness statement can feel a bit daunting, but really it is just your opportunity to tell the court exactly what you saw, heard, or experienced, in your own words.

Here is a practical guide to what you should include and how to set it out.

The basic structure:

Every witness statement needs to start with a formal heading. This goes at the very top and lists the name of the court, the claim number, and the names of the claimant and the defendant. Directly below that, you should state your full name and residential address, your occupation, and confirm if you are a party to the case or if you are giving evidence on behalf of someone else.

What to include in the main body:

1. Use your own words. Write down the facts naturally, as if you were explaining the story to a friend. Do not feel you need to use fancy legal language. The judge wants to hear your authentic voice.

2. Tell the story in chronological order. Start at the beginning and work your way through to the end. This is the easiest way for the judge to follow what happened.

3. Stick to the facts. Only talk about things you personally saw, heard, undertook, or remember. For example, say I saw the car run the red light, rather than I assume the driver was on their phone.

4. Explain how well you remember things. Under recent updates to court rules, judges appreciate it if you clarify whether your memory of an important event is clear, or if your memory has been refreshed by looking at a specific document.

What not to include:

1. Do not argue the legal case. That is what the main court hearing and the legal representatives are for. Your witness statement is purely to establish the facts.

2. Do not offer opinions. Unless you are an expert witness giving a specific expert report, you should just report the facts, not your personal opinions or feelings about them.

3. Do not guess. If you do not know something, it is perfectly fine to say so, or to simply leave it out.

Referencing documents:

If you need to talk about a document, like an email, a contract, or a photograph, mention it clearly in your statement. We usually call these attached documents exhibits. For example, you might write On 4 May, I sent an email to Sarah complaining about the leak. I attach a copy of this email as Exhibit JD1.

The Statement of Truth:

This is one of the most important parts. Your statement must end with a formal declaration confirming that you believe the facts you have written are true, and that you understand the consequences of lying to the court.

The exact wording required by the civil court rules 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.

Signing it off:

Finally, put your signature and the date at the very bottom beneath the statement of truth.

Practical next steps:

1. Type your statement on A4 paper, using a clear font and double-spacing so it is easy to read.
2. Number your paragraphs sequentially from beginning to end.
3. Before you finalise anything, read your statement aloud. Doing this makes it much easier to spot sentences that do not sound like you, or events that seem slightly out of time order.
4. Once you are happy it reflects your true memory of the events, you can sign it and file it with the court or pass it to the person who requested it.

I hope this helps make the process a lot simpler for you!