witness statement

A witness statement is one of the three forms of evidence which a natural person may adduce to a court during the course of legal proceedings.

Witness statements are formal court documents made by witnesses to set out the facts upon which the party in the proceedings for whom it is made relies. It is the evidence that the witness would give orally in the witness box.

The witness statement may be made for the purposes of supporting an application for interim relief (such as an injunction) or to be relied upon at the trial in the litigation. Since the Civil Procedure Rules came into effect in 1999, such statements stand as the evidence in chief of the witness at the trial unless the court orders otherwise.

Content

Witness statements are made in the witness’s own words in the first person. Statements should usually follow a chronological order of events, separated by numbered paragraphs.

It is a statement of facts within the personal knowledge and belief of the person making the witness statement. The person making the statement must specify the source of the information or belief laid out in the statement if the stated fact is not within his or her direct knowledge.

Statements must be produced on a single side of A4 paper and have a right margin of 35 mm.

Statements of Truth

A witness statement must be verified by a statement of truth.

Proceedings for contempt of court may be brought against a person if they make, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Proceedings may be brought by the Attorney-General or with the permission of the Court.

Usage: The witness in the proceedings signed the statement of truth at the foot of the witness statement.

Related Words: affidavit; witness summary; real evidence; documentary evidence.