Witness Statement for Civil Court Hearing
Discussion
Hi All,
I'm claimant in a matter which is going to a hearing. Accordingly, I have to send copies of my witness statement to both Defendant and the Court.
My query is this; in presenting my documents, do I just state the 'bare' facts and leave the disputed issues to be discussed at the hearing ? Or do I (for example) highlight the discrepancies in the Defendant's own Defence and illustrate why they are incorrect ?
I'm anxious not to submit too little material, but then, I don't want to submit material which isn't needed.
What should go in my statement and what shouldn't ?
Thank you !
I'm claimant in a matter which is going to a hearing. Accordingly, I have to send copies of my witness statement to both Defendant and the Court.
My query is this; in presenting my documents, do I just state the 'bare' facts and leave the disputed issues to be discussed at the hearing ? Or do I (for example) highlight the discrepancies in the Defendant's own Defence and illustrate why they are incorrect ?
I'm anxious not to submit too little material, but then, I don't want to submit material which isn't needed.
What should go in my statement and what shouldn't ?
Thank you !
Your witness statement should state the facts that you know, and which you need to establish to prove your claim or to defeat the defendant’s claim.
Eg: I was driving my car on X road on a specific date at a specific time; the defendant was waiting to join X road as I approached his car; I saw him turn his head in my direction; he pulled out into X road though and drove into me; it will cost £Y to repair my car; I have suffered other losses of £Z”. You can exhibit any documents that help to prove your case (photographs of the location, estimates or invoices and so on).
A witness statement is not supposed to be where you state opinions. So not “the defendant was careless in how he drove; I think I was lucky to survive; I am an excellent driver; the defendant looks like the sort of person who is selfish” etc. Nor is it the place for irrelevant stuff: “I have a clean driving licence; I am a pillar of the community”.
Nor, finally, is it the place to argue your case. There is a difference between the facts and argument: argument is where you present your case - you collect the various pieces of evidence that support each element of your case, and you explain away the defendant’s version of events or the evidence he relies on.
Plenty of people, lawyers included, blur the lines between facts and opinion, and facts and argument. Judges are people who generally have highly compartmentalised approaches to things. They like the facts in one pile, the opinions in another pile, and the arguments that are built off the facts and opinions in a third pile. Their job is to determine first who is right when it comes to competing versions of the facts, and then to determine whose arguments are more persuasive on the basis of the facts as they find them. One of the tricks of presenting a case is to try to make sure that whichever way the facts fall, you have an argument that gets you to a win. The Judge has the luxury of being able to discard a bunch of contested facts, settle on what he finds the true facts to have been, and then evaluate the arguments against that set of factual findings.
Good luck: just stay focussed and things will be a lot easier.
Eg: I was driving my car on X road on a specific date at a specific time; the defendant was waiting to join X road as I approached his car; I saw him turn his head in my direction; he pulled out into X road though and drove into me; it will cost £Y to repair my car; I have suffered other losses of £Z”. You can exhibit any documents that help to prove your case (photographs of the location, estimates or invoices and so on).
A witness statement is not supposed to be where you state opinions. So not “the defendant was careless in how he drove; I think I was lucky to survive; I am an excellent driver; the defendant looks like the sort of person who is selfish” etc. Nor is it the place for irrelevant stuff: “I have a clean driving licence; I am a pillar of the community”.
Nor, finally, is it the place to argue your case. There is a difference between the facts and argument: argument is where you present your case - you collect the various pieces of evidence that support each element of your case, and you explain away the defendant’s version of events or the evidence he relies on.
Plenty of people, lawyers included, blur the lines between facts and opinion, and facts and argument. Judges are people who generally have highly compartmentalised approaches to things. They like the facts in one pile, the opinions in another pile, and the arguments that are built off the facts and opinions in a third pile. Their job is to determine first who is right when it comes to competing versions of the facts, and then to determine whose arguments are more persuasive on the basis of the facts as they find them. One of the tricks of presenting a case is to try to make sure that whichever way the facts fall, you have an argument that gets you to a win. The Judge has the luxury of being able to discard a bunch of contested facts, settle on what he finds the true facts to have been, and then evaluate the arguments against that set of factual findings.
Good luck: just stay focussed and things will be a lot easier.
Edited by anonymous-user on Tuesday 18th December 22:10
Hi All,
Thank you for all the advice and guidance - I am extremely appreciative of this and it will help me to go forward with a degree of confidence that was previously lacking.
@Greg66 , the information that you provided, was especially detailed and helpful - and explained in such a concise manner, that even I could understand it.
I hope that you win the lottery very soon. Once again, thank you all.
Thank you for all the advice and guidance - I am extremely appreciative of this and it will help me to go forward with a degree of confidence that was previously lacking.
@Greg66 , the information that you provided, was especially detailed and helpful - and explained in such a concise manner, that even I could understand it.
I hope that you win the lottery very soon. Once again, thank you all.
I am presently in the same situation as the OP, with my apposing party being an articulate, devious, conniving bullxxxxxer. I have sat on producing my defence witness statement, having continuously found myself making changes to the same. My concerns being that I am offering the other party too much information of my defence, allowing the other party time to counteract my defence.
As above, prepare your statement with honesty, accuracy and completeness.
Don't add things to try to get the court on your side, just 'tell it like it is'.
Bear-in-mind that the District Judge, Recorder, Master or whoever you get, will be experienced in civil law and will have heard and dismissed loads of BS in the past. They are not biased like magistrates tend to be when taking statements from the police.
Don't add things to try to get the court on your side, just 'tell it like it is'.
Bear-in-mind that the District Judge, Recorder, Master or whoever you get, will be experienced in civil law and will have heard and dismissed loads of BS in the past. They are not biased like magistrates tend to be when taking statements from the police.
With regard to my Witness Statement, could I include as evidence (as an exhibit ?), some short video footage ?
Is such evidence admissible at a Hearing ? If so, how might I submit it - with the exhibits in my witness statement ? Presumably, I'd also have to send it to the defendant . . . but in what form ? (USB ?)
Or would it be a 'safer' option not to submit such evidence ?
Does evidence in the form of video carry much weight ?
Is such evidence admissible at a Hearing ? If so, how might I submit it - with the exhibits in my witness statement ? Presumably, I'd also have to send it to the defendant . . . but in what form ? (USB ?)
Or would it be a 'safer' option not to submit such evidence ?
Does evidence in the form of video carry much weight ?
Jasandjules said:
I very much doubt the County Court (small claims) will have the ability to play video footage (it goes disastrously wrong in the Mags quite often!). You could try asking them of course.
In advance of the hearing, if I sent in the witness statement and at the same time, provided copy of the video on a USB stick (to both defendant and the Court), wouldn't I be able to bring in my own laptop so that it could be played on that ?Mojooo said:
I submitted video footage on a DVD in a civil case and it was played in court no problem. As you say add it as an exhibit.
As for tech, our hearing actually took place in a crown court room (it was a combined court) so we had quite modern tech and a large screen).
Great stuff - thank you so much for that information !As for tech, our hearing actually took place in a crown court room (it was a combined court) so we had quite modern tech and a large screen).
I've finished my Witness Statement (& Exhibits); what is the approved/recognised way of presenting the Witness Statement and Exhibits ?
In the top left corner, i can staple them all together
or
put them in a ring-binder
or
put them in an A4 Report file
or
I can even do them as an A4 booklet - which is A3 folded over and stapled along the spine,
Oh yes, should the Exhibits be stapled (or whatever) with the Witness Statement or presented as a separate (distinct) document ?
Thank you fellas; Anyone who has been through this process, will know how worrisome it is first time round.
Wings said:
I am presently in the same situation as the OP,
Not as stressed, I trust ?Wings said:
. . .with my apposing party being an articulate, devious, conniving bullxxxxxer.
Sounds like my opposing party.Wings said:
I have sat on producing my defence witness statement, having continuously found myself making changes to the same.
Me too, as has already been mentioned, it's best to focus strictly on the facts.Wings said:
My concerns being that I am offering the other party too much information of my defence, allowing the other party time to counteract my defence.
That's been a concern for me as well; however, I don't think that you can put too much information in; after all, I don't think you'll be able to introduce it at a later stage.Best of luck, btw.
A stupid question, but I'll ask it anyway.
I've read that a Witness Statement should "be produced on durable quality A4 paper with a 3.5cm margin",
What do they mean by a 3.5cm margin ?
Do they mean that there should be a 3.5 margin on the left and right side of the main body of text, or just on the right-hand side ? Or do they mean that the total of margin space on both sides must come to 3.5cm ?
On my version of Word, the default margin is 2,54cm on left and right margins - 3.5cm on both sides seems rather excessive ?
I've read that a Witness Statement should "be produced on durable quality A4 paper with a 3.5cm margin",
What do they mean by a 3.5cm margin ?
Do they mean that there should be a 3.5 margin on the left and right side of the main body of text, or just on the right-hand side ? Or do they mean that the total of margin space on both sides must come to 3.5cm ?
On my version of Word, the default margin is 2,54cm on left and right margins - 3.5cm on both sides seems rather excessive ?
My statements were 3.5cm and 2cm margins
My opponents had theirs produced by solictors and it looks like they have probably used closer to 3.5cm on both sides
If you are a litigant in person it probably wont matter as long as you follow the rules the best you can
We exchanged statements and I probably sent them with a hole punch and one of those green tags.
When it comes to trial the bundles had copies of everything in ring binders IIRC. So it probably wontm atter a huge deal how you send them to your opponent 9I also had to file mine with the courts of course).
There are some rules about who has to produce the trial bundle - if the other side have solicitors they have to do it unless they have no solicitor but you do. If no solicitor at all they have to produce it. I believe they may be able to make you pay for your copy (otherwise they tell you whats in it and you have to make your own copy - so best off just paying them so you both have the same document).
Note all of the above was for a multi track case not the 'small claims' level.
My opponents had theirs produced by solictors and it looks like they have probably used closer to 3.5cm on both sides
If you are a litigant in person it probably wont matter as long as you follow the rules the best you can
We exchanged statements and I probably sent them with a hole punch and one of those green tags.
When it comes to trial the bundles had copies of everything in ring binders IIRC. So it probably wontm atter a huge deal how you send them to your opponent 9I also had to file mine with the courts of course).
There are some rules about who has to produce the trial bundle - if the other side have solicitors they have to do it unless they have no solicitor but you do. If no solicitor at all they have to produce it. I believe they may be able to make you pay for your copy (otherwise they tell you whats in it and you have to make your own copy - so best off just paying them so you both have the same document).
Note all of the above was for a multi track case not the 'small claims' level.
pubrunner said:
Great stuff - thank you so much for that information !
I've finished my Witness Statement (& Exhibits); what is the approved/recognised way of presenting the Witness Statement and Exhibits ?
In the top left corner, i can staple them all together
or
put them in a ring-binder
or
put them in an A4 Report file
or
I can even do them as an A4 booklet - which is A3 folded over and stapled along the spine,
Oh yes, should the Exhibits be stapled (or whatever) with the Witness Statement or presented as a separate (distinct) document ?
Thank you fellas; Anyone who has been through this process, will know how worrisome it is first time round.
From the top: I've finished my Witness Statement (& Exhibits); what is the approved/recognised way of presenting the Witness Statement and Exhibits ?
In the top left corner, i can staple them all together
or
put them in a ring-binder
or
put them in an A4 Report file
or
I can even do them as an A4 booklet - which is A3 folded over and stapled along the spine,
Oh yes, should the Exhibits be stapled (or whatever) with the Witness Statement or presented as a separate (distinct) document ?
Thank you fellas; Anyone who has been through this process, will know how worrisome it is first time round.
- You should have the title of the action (the court, the claim number, the parties) on the first page, just like it should appear on your Defence.
- In addition, underneath the title and before the text of your witness statement starts you should have the title of the document (“FIRST WITNESS OF [NAME]”) in caps, in tramlines, centred.
- the top right hand corner of the first page, above the action title, you should have four line of text right justified that state the surname of the maker of the statement, claimant or defendant (depending which party they are making it for), identification of the exhibits that are attached (eg JB1-JB9), and the date the statement is made
- the text of your w/s should be introduced by the words “I, [name], of [address] will say as follows
- the text thereafter should be broken into numbered paragraphs.Try to keep each para shortish.
- at the end of the statement, type out a Statement of Truth and sign and date it
- 2.54 cm margins left and right are fine. Ditto 12pt font and 1.5 line spacing (don’t use less). Use page numbering.
- Each exhibit should have a cover sheet in the form of the action title (see above), plus the tile of the exhibit (“JB1 TO THE FIRST WITNESS STATEMETN OF [NAME]”} in tramlines, under the action title.
- If you can file electronically at court or serve electronically on the other side, save the w/s to a pdf and send that. You can choose between doing all exhibits as a single pdf or each exhibit as a single pdf. User friendliness is key.
- If you are filing/serving paper copies, then for court user friendliness is key - send a ring binder with the w/s and each exhibit tabbed and an index cover sheet. Send your opponent the hard copy in whatever form you want. Sorting it out can be his problem.
- when it comes to the trial the court will want trial bundles made up, in which case the w/s and exhibits will become part of a larger run of documents.
There’s no issue exhibiting video a long as (a) it is probative of something in the case which is in issue; (b) you notify the court in advance of the trial of what the court will need to have in order to play it. Courts are notorious for f
king this sort of thing up, so I would ask at least twice and then bring a spare laptop to provide to the Judge. Make sure that you can explain clearly to someone, on the far side of a room, *exactly* what they need to do in order to get the video to start playing. A little anecdote on that issue. A few years ago I had an arbitration in London involving overseas parties. There was a VHS tape as an exhibit, but venue couldn't play it. We went out to the nearest electronics shop and bought a player.
After the hearing the player was returned unaccompanied airfreight with all the files and bundles to the home country, and we got fined for smuggling the VHS player into the country without declaring it.
After the hearing the player was returned unaccompanied airfreight with all the files and bundles to the home country, and we got fined for smuggling the VHS player into the country without declaring it.
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