This is more likely to happen where there is a substantial dispute and the matter is being listed for a trial. Directions often include a deadline for the parties to exchange witness statements. The court can make an order giving directions to the claimant and defendant as part of its case management powers. In housing possession cases they must be filed at court and served on the other party at least two days before the hearing unless the court has made different directions. The Civil Procedure Rules sometimes provide instructions for when witness statements should be exchanged. If there is any doubt about whether a witness statement is needed it is usually safer to submit one. The witness could be prevented from giving oral evidence at their court hearing if a statement is not submitted. Witness statements can also be used to tell the court about something that has happened while the case is ongoing, for example, that evidence has been sent to the other party. It is good practice for the applicant to submit a witness statement in an application to set aside a court order or to suspend a warrant of possession. Ī witness statement is used to communicate facts to the court in many types of claims and applications. The Civil Procedure Rules state that an affidavit can be used in place of a witness statement, but the extra costs of an affidavit are not usually recoverable. AffidavitsĪn affidavit is a statement in writing made under oath, sworn before someone with the authority to administer it, such as a solicitor. They should be set out separately in the statement of case. It contains a sworn statement from the witness about the accuracy of the contents.Ī witness statement must not contain legal arguments, such as references to case law and legislation. Relationship between the parties to the court proceedingsĪ witness statement sets out the witness’ understanding of the facts, and the events that have taken place. Evidence in the witness statementĪ witness statement allows the court to consider evidence about the: If a party wants to rely on the evidence of another person, that person should also submit a witness statement. The claimant or defendant must submit their own witness statement if they want the court to consider their account of the facts. Witness statements are used in many housing and money claims, especially if the case is disputed. Witness evidence must be submitted in the form of a witness statement.Ī witness statement is a formal document that provides the court with the facts of a case. Witness evidence is crucial to a successful outcome in nearly all court cases. Struck out cases and adjourned hearingsĪ party in civil court proceedings often needs to rely on witness evidence as part of their case.County Court legal and administrative staff.Process and rules for taking a case to court.Witness statements are usually taken fairly soon after the event, so they're interesting because the witness hasn't had time to "get his story straight," or sufficiently alter his statement to deflect any blame from himself. I've read some that started out like this, "Well, me and Dippety Doo (that's my cousin) were shooting dice and then Moopy came up and pulled out a gun." Nothing ends well when you start out like that. Occasionally, the unedited witness statements are the best part about a case. I did the best I could, and the insurance company ended up ruling it the other driver's fault (yeah, running a red light will do that), so I came out all right, but it was so hard to sit there on the curb with a pen, a form and a clipboard and try to put in words why my front end was crunched. I was still kind of dazed and I wasn't exactly thinking clearly. I was involved in a wreck and had to write down everything that happened. I always get tickled at the names the perpetrators give each other. Sounds like what you hear on "Cops" all the time. July 26, - "Dippety Doo." That's hilarious.
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