![]() Signing the Statement of Truth amounts to confirmation to the Court by the witness that the facts in the statement are true. The most important rule to be aware of is that the Witness Statement will be finished with a Statement of Truth. They may also include some expressions of opinion in certain circumstances, but this is not always necessary or appropriate.Įvery Witness Statement must comply with certain rules from the Civil Procedure Rules, and the solicitor taking the statement will ensure that these rules are all met. We do not therefore recommend discussing your Witness Statement with anyone else. It must therefore be entirely accurate from their own recollection only. Witness Statements are in the name of the witness providing them and it is them who must sign it. What is a Witness Statement?Ī Witness Statement is a formal document, addressed to the Court, in which a witness sets out all the facts that they are aware of that apply to the case. This may be because their evidence is unhelpful to the person they are trying to assist, or because their evidence is not relevant, not sufficiently factual, or already covered by another witness. There may be some instances when a Witness Statement is taken from someone, but they are not selected to continue with the claim. In other circumstances, it will be a professional such as a solicitor or doctor. In some instances, it will be a close relative – perhaps the spouse, child, or sibling – of the person who has died. In short, it can be anyone over the age of 18, who has mental capacity to provide a Witness Statement, and who has factual knowledge relevant to the claim.Įxactly who the best witnesses are for a specific claim will depend entirely on the circumstances of each case. It can also relate to the person who is bringing or defending the claim and their conduct either before or after the death of the deceased person. In contested probate cases, this is often evidence about the deceased person’s physical or mental health, and their ability to manage their own affairs and make their own decisions. What is a Witness?Ī witness in the context of a civil case (as opposed to a criminal one) is someone who has relevant factual information that relates directly to whatever issue the Judge is being asked to make a decision about. ![]() This help guide provides you with some of the key information that you will need to give a Witness Statement and/or attend trial. If the case you provide your Witness Statement for goes to trial, then you may have to attend Court and give evidence about the matter in person. If you are the Claimant, Defendant or have relevant factual information in relation to a contested probate or contested Court of Protection matter, then it is very likely you will be asked to provide a formal Witness Statement.
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