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Evidence Witness Notes

LPC Law Notes > Civil Litigation Notes

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A more recent version of these Evidence Witness notes – written by Cambridge And Oxilp And College Of Law students – is available here.

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Witness Evidence & Statement This is not a statement of case (particulars of claim and defence). A witness statement contains evidence a party will rely on (i.e. it is a written statement of witness' account of relevant events)A witness statement is a signed statement of the evidence the witness would be allowed to give orally if called to do so (r.32.4(1))Only relevant evidence is admissibleWitnesses can give evidence by any means (such as video link) - r.32.1Additional information can be added by way of a supplemental statementIf you object to a statement's contents, first notify the other side and if ineffective, raise the point at pre-trial review PD 32 para 17.1: headed with title of proceedings and the top right corner should state under PD 32 para 17.2:

1. The party on whose behalf it is made (either C or D)

2. Initials and surname of witness (e.g. O F Lock)

3. The number of the statement in relation to that witness

4. The initials and number of each exhibit referred to

5. The date of the statement was madeGeneral p.183

Structur e p.184

Own Words

PD 32 para 19.1: a witness statement should: (a) Be divided into numbered paragraphs (A4 with 3.5cm margin, one sided) (b) Have all numbers, including dates, expressed as figures (c) include case number and witness's initials on every page (d) Make any reference to documents either in the margin or in bold text in the body (e) Follow in chronological sequence (para 19.2) PD 32 para 18.1: it should be made in witnesses own words (in the first person) as far as practical: (a) The full name of the witness (b) Place of residence or place of work (if in professional capacity) (c) His occupation or - if unemployed - his description (d) If he is, state he is a party to the proceedings (or an employee of one) PD 32 para 18.2: the statement must indicate: (a) What statements are in his knowledge and which are 'belief'; and (b) The source for any matters of 'belief' PD 32 para 18.3 requires any exhibit used in conjunction with a witness statement to be verified and identified by the witness and remain separate from the statement


Stateme nt of Truth

PD 32 para 18.6: if a witness makes more than one statement to which there are exhibits, the numbering of the exhibits should run consecutively (i.e. not start again on each statement) PD 32 para 18.4: an exhibit should be referred to as: "I refer to the (description of exhibit) marked..." PD 32 para 20.2: must signed and in the following format: "I believe that the facts stated in this witness statement are true" CPR r.22.3: if there Is no witness statement, or another part of the statement is lacking or defective, then the court could refuse to admit it as evidence

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