![]() ![]() Making a brief statement here, and then expanding on it in the narrative section (if necessary) might work better. Some people like to start the narrative (see below) to introduce themselves. ![]() Next, introduce yourself, in brief – in one or two sentences. preserve your credibility in the witness box.protect you from one of the harsh technicalities of the law, and.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: 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. 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. getting you on the back foot, and unsure of yourself when you’re under pressure.whether there are any other parts of the witness statement which aren’t true.whether the witness statement as a whole contains the whole truth.Those “difficulties” translate to being asked in cross-examination: This slipshod approach to the preparation of witness statements must cease. The fault lies with the solicitors who drafted the witness statements.t inevitably causes unnecessary difficulties for the witness when cross-examined. Despite, some of 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.In Starbucks v British Sky Broadcasting Group, the Judge said: But the witness statements didn’t stand true to the statement. In one case, words similar to those above were used in witness statements. It serves as a reminder what evidence is should be given, and what shouldn’t – or can’t – be given. You’ll want to make sure you stand by it in your statement. Where the facts are not within my own knowledge, I have identified my sources of information or belief.ĭifferent words, same effect and message. Where I refer to facts that are not within my own knowledge I will give the source of my knowledge of those facts.Įxcept where I indicate to the contrary, the facts and matters contained in this witness statement are within my own knowledge. The facts set out in this statement are within my own knowledge save where I state otherwise. Well drafted witness statements commence with a statement confirming the source of the evidence given. Section: Preliminaries Source of Evidence When you appear at court, you are called for cross-examination not to give oral testimony. Witnesses now give their evidence in chief in their witness statements. The Civil Procedure Rules were introduced in 1998 and the CPR’s change it so now witness statements replace evidence in chief which before was given by oral testimony. ![]() That would be the first time the other party would hear what the witness would say. The witnesses just showed up and gave oral testimony in person. Prior to that, witness statements were not prepared before the trial. If you are unemployed or retired, those words replace the space provided for the “occupation” of the person.Ĭourt procedure in England changed around 2000. If the witness statement is made in a business capacity, the address should be your work address. Section: Identifying yourselfįollowing the case title comes a statement identifying the deponent – the person signing 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.
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