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Jul 11, 2022 · 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.
Jun 2, 2024 · This Practice Note focuses on exhibits to factual witness statements and affidavits. It explains what an exhibit is and sets out practical considerations to take into account when preparing exhibits, setting out where the requirements differ between witness statements and affidavits.
- What Are Witness statements?
- Contents of Witness Statements
- The Form of Witness Statements
- Preparing Exhibits to Witness Statements
- Writing A Good Witness Statement
- FAQs
- How Witness Statements (and Witnesses) Are Tested
- Disputes & Litigation Solicitors
- London Litigation Lawyers
Witness statements are formal court documents. They're made by witnesses to: 1. set out evidence to prove the facts alleged by a party in the particulars of claim, defenceor other statement of case 2. in civil disputes, satisfy theburden of proof, which is on the balance of probabilities. Witness statements: 1. are the main way courts receive evide...
Overview
If you are making a witness statements it should: 1. be written in your own words, in the first person 2. state facts within your personal knowledge, and if not 3. specify the source of the information or belief is not within your direct knowledge 4. not give opinions, unless you’re an expert 5. exhibit documentary evidence to support the statements made 6. follow the chronological order of events 7. use numbered paragraphs so that different parts of it can be referred to quickly and easily....
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: 1. 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 d...
First page: Case Title
Witness statements have a prescribed form. Witness statement should set this information out on the first page: 1. the title of the proceedings 2. the name of the person making the statement 3. the party to the proceedings on whose behalf the statement was made 4. the exhibits made in conjunction with the witness statement 5. the date it was made 6. the number of witness statement of the witness making the witness statement. The case title makes it clear on the first page the legal proceeding...
Section: Identifying yourself
Following the case title comes a statement identifying the deponent - the person signing the witness statement. It has a prescribed form: 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, "willsay as follows"? Aren’t I saying it now, when I sign it? Good question. Court procedure in Engl...
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 fo...
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: 1. complete 2. have numbered pages (bottom right-hand corner; "1", "2", "3" and so on), or even better [...
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 statemen...
Turn of Events
You could just tell the story that: 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: 1. notes of your observations of testing, results of failed tests, notes for improvements 2. performance results from proofs of concepts 3. versions of the invention 4. email communications with potential suppliers 5. discussions with oth...
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.
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 comm...
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: 1. prepare and firm up their evidence prior to hearings 2. check over witness statements to iron out weaknesses that w...
Apr 10, 2015 · It is surprising how common it is for the exhibit, and the witness statement, to fail to comply with the rules. Here we look at the rules relating to exhibits and useful guidance in relation to the use of exhibits at trial.
Apr 9, 2018 · An exhibit is a document or other thing shown to a witness and referred to by the witness in evidence. At common law it is within the power of, and is the duty of, constables to retain for use in...
statement. • A document referred to in a witness statement and provided to the court is known as an exhibit. Each exhibit must be identified in some way (e.g. ‘Exhibit A’). The first page of the exhibit must contain all of the information provided in the box in the top-right corner of this page.
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Nov 8, 2019 · This guide provides information on filing evidence and can be used as templates for your witness statement/exhibit header sheets.
