A witness statement will be a very different document for virtually every claim as it is a personal statement of what has happened and when. It isn't for the legal arguments.
This is a very brief example to get you started off.
If you have a hearing coming up then a witness statement should be submitted to the court ( and a copy sent to the other party) at least 14 days before the hearing.
Part 32 of the Civil Procedures Rules contain guidance on preparing witness statements.
Layout wise this is a basic outline of what it should look like.
A witness statement should start by explaining who is making the witness statement and what their involvement is with the case.
eg: I, FRED SMITH of 40 AnyTown Road, AnyTown, AnyCounty SW1 1AA, being the Defendant in this case will state as follows;
It should then detail what the witness statement is for.
eg: 1. I make this Witness Statement in support of my defence in this claim which is due to be heard on 20th September 2012 at Gotham County Court.
You should then state that you are talking from your own actual experience and knowledge and not just hearsay.
eg: 2. The matters set out below are within my own knowledge, except where I indicate to the contrary.
Then you can jump into the case.. this will depend on what the case is but there's a short example below. If you have a look through the forum you will find many, many examples of other people's witness statements which will help give you an idea what to write.
Here's some examples on other peoples threads -
http://ift.tt/1Fujns7
http://ift.tt/1FujpjN
http://ift.tt/1Fujnsc ( WORD DOC DOWNLOAD )
http://ift.tt/1Fujnse
http://ift.tt/1FujpjT
http://ift.tt/1Fujnsk
IN THE XXXXXXXXXXXXXXXXX COUNTY COURT
BETWEEN:
I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;
1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.
2. On XXXXXXXXXX 2014 I made a written request to the Claimant solicitors, xxxxxxxxxxxxxxxxx of xxxxxx address xxxxxxxxxxxx requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]
3. On XXXXXXXXXX , I contacted the Claimants xxxxxxxxxxxxx
4: On xxxxxxxxxxx I received a letter [EXHIBIT B] from the Claimants stating xxxxxxxxxxxxx
5:
6:
7: Therefore I believe the claimant xxxxxxxxxxxx
Statement of Truth
I, XXXXXX , the Defendant, believe the facts stated within this Witness Statement to be true.
Signed: ________________________________
Dated:
IN THE XXXXXXXXXXXXXXXXX COUNTY COURT
BETWEEN:
I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;
1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated XXXXX) be set aside.
2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
3. I learnt of the existence of this claim on the XXXXXXXXXXXXXXX when I received a letter from the Claimant requesting payment of the judgment forthwith [EXHIBIT A]
4. My address changed in XXXXXXXXXXXXX and a redirection service was in place from XXXXXXXXXXXXXXX to XXXXXXXXXXXXXXX / I informed the Creditor that I had moved house in writing/telephone on XXXXXXXXXXXXXX. // I was admitted to hospital on XXXXXXXXXXXXXXX until XXXXXXXXXXXXXXXXX and had no knowledge of the claim until XXXXXXXXXXXXXXXXX // I was out of the country on business //
5. xxxxxxxxxxxxx further information about why you did not defend/acknowledge originally
6: On XXXXXXXXXX 2014 I made a written/telephone request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.
7. The Claimant did not respond to my request / turned down my request.
8. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.
Statement of Truth
I, XXXXXX , the Defendant, believe the facts stated within this Witness Statement to be true.
Signed: ________________________________
This is a very brief example to get you started off.
If you have a hearing coming up then a witness statement should be submitted to the court ( and a copy sent to the other party) at least 14 days before the hearing.
Part 32 of the Civil Procedures Rules contain guidance on preparing witness statements.
Layout wise this is a basic outline of what it should look like.
A witness statement should start by explaining who is making the witness statement and what their involvement is with the case.
eg: I, FRED SMITH of 40 AnyTown Road, AnyTown, AnyCounty SW1 1AA, being the Defendant in this case will state as follows;
It should then detail what the witness statement is for.
eg: 1. I make this Witness Statement in support of my defence in this claim which is due to be heard on 20th September 2012 at Gotham County Court.
You should then state that you are talking from your own actual experience and knowledge and not just hearsay.
eg: 2. The matters set out below are within my own knowledge, except where I indicate to the contrary.
Then you can jump into the case.. this will depend on what the case is but there's a short example below. If you have a look through the forum you will find many, many examples of other people's witness statements which will help give you an idea what to write.
Here's some examples on other peoples threads -
http://ift.tt/1Fujns7
http://ift.tt/1FujpjN
http://ift.tt/1Fujnsc ( WORD DOC DOWNLOAD )
http://ift.tt/1Fujnse
http://ift.tt/1FujpjT
http://ift.tt/1Fujnsk
Quote:
IN THE XXXXXXXXXXXXXXXXX COUNTY COURT
Claim No. XXXXXXXX
BETWEEN:
XXXXXXXXXX
Claimant
- and –
Defendant
XXXXXXXXXX
_________________________________
WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________
WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________
I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;
1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.
2. On XXXXXXXXXX 2014 I made a written request to the Claimant solicitors, xxxxxxxxxxxxxxxxx of xxxxxx address xxxxxxxxxxxx requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]
3. On XXXXXXXXXX , I contacted the Claimants xxxxxxxxxxxxx
4: On xxxxxxxxxxx I received a letter [EXHIBIT B] from the Claimants stating xxxxxxxxxxxxx
5:
6:
7: Therefore I believe the claimant xxxxxxxxxxxx
Statement of Truth
I, XXXXXX , the Defendant, believe the facts stated within this Witness Statement to be true.
Signed: ________________________________
Dated:
Quote:
IN THE XXXXXXXXXXXXXXXXX COUNTY COURT
Claim No. XXXXXXXX
BETWEEN:
XXXXXXXXXX
Claimant
- and –
Defendant
XXXXXXXXXX
_________________________________
WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________
WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________
I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;
1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated XXXXX) be set aside.
2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
(ii) the defendant should be allowed to defend the claim.
3. I learnt of the existence of this claim on the XXXXXXXXXXXXXXX when I received a letter from the Claimant requesting payment of the judgment forthwith [EXHIBIT A]
4. My address changed in XXXXXXXXXXXXX and a redirection service was in place from XXXXXXXXXXXXXXX to XXXXXXXXXXXXXXX / I informed the Creditor that I had moved house in writing/telephone on XXXXXXXXXXXXXX. // I was admitted to hospital on XXXXXXXXXXXXXXX until XXXXXXXXXXXXXXXXX and had no knowledge of the claim until XXXXXXXXXXXXXXXXX // I was out of the country on business //
5. xxxxxxxxxxxxx further information about why you did not defend/acknowledge originally
6: On XXXXXXXXXX 2014 I made a written/telephone request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.
7. The Claimant did not respond to my request / turned down my request.
8. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.
Statement of Truth
I, XXXXXX , the Defendant, believe the facts stated within this Witness Statement to be true.
Signed: ________________________________
EXAMPLE Witness Statement
