Evidence of fact: form of witness statements Flashcards
Do all witness statements need to comply with the same CPR?
No, the CPR has different rules in relation to witness statements generally and witness statements in the Business and Property Courts.
What is the purpose of an endorsement?
In the course of proceedings, there may be many witness statements given by or on behalf of the parties for different reasons. The endorsement helps the parties and the Court identify and navigate through the various witness statements.
Can a witness statement be given by a company or partnership?
No, it must be given by a specific individual and signed by that person.
What does the endorsement contain?
- Party relying on witness e.g. prosecution or defendant
- Initial and name of witness
- Number of statement
- Exhibits
- Date of signing
- Date of translation is necessary
What is included in the opening paragraphs of the witness statement?
a. witness name
b. witness home address (or position, employer name and address if made in a business capacity).
c. occupation
d. fact that witness is a party/employee of a party
e. process through which the statement was prepared i.e. face to face or telephone
Information and belief paragraph
Statement continues in witnesses own words and language.
Can witnesses refer to exhibits? If they can, what form should this take?
The witness can refer to documents. These should be verified and identified by the witness and remain separate from the witness statement.
Where a witness refers to an exhibit they should state `I refer to [description of exhibit] marked [reference].
Who signs the statement of truth?
It is always signed by the witness themself.
What are the two extra paragraphs that must be included in witness statements for uses other than trial?
One, near the beginning after the information and belief paragraph, confirms the reason for the statement.
The second is at the end of the witness statement before the statement of truth and confirms what the witness would like the court to do in relation to the interim application.
When are there extra rules in relation to witness statements?
Where both the following criteria are satisfied:
- The statement is for use at trial (i.e. not witness statement for interim hearing); and
- The trial is to take place in the Business and Property Courts.
What are the additional rules on witness statements in relation to the Business and Property Courts?
*The statement must identify what documents the witness has referred to for the purpose of providing the evidence set out in their witness statement.
*As well as a statement of truth, a witness must include a signed confirmation that the witness understands that the purpose of the witness statement is not to argue the case nor to take the court through the documents in the case.
*The statement must include a confirmation from an appropriate legal representative that the rules have been explained to the witness and the representative believes the witness statement complies with them.
