![]() Occasionally an opinion is included in a witness statement. Only expert witnesses are permitted to give opinionĮvidence. 11.10 (3) the witness statement is a statement of fact, not opinionĪ witness statement must be confined to statements of fact, without anyĮxpression of opinion. Witness who can deal with the issue in question. Issue is not covered by a witness statement you should do all you can to find a Witness who can deal with an issue should cover it in his statement. Not every witness will be able to deal with every issue, but every List of these issues, and makes sure that all the issues are covered in his witnessĮvidence. Review those issues in the light ofĪny new documents thrown up by disclosure. You will be able to work out what issues of fact (see chapterĦ) exist between you and your opponent. (statements of case) will be completed and (ii) discovery and inspection will 11.9 (2) the factual issues in the case should all be dealt with.īy the time witness statements are prepared and exchanged (i) the pleadings In doubt include the material in the statement. Statement or the witness statements of your witnesses. Matters which could have been, but were not, included in your witness ![]() Important because the Judge may not allow you to give evidence of additional Nevertheless it is necessary to include everything that might be Material that is not essential is likely to detract from the important parts of the Setting out the necessary background is very helpful, but including a wealth of You when preparing your witness statements. If, as advised, you have prepared a chronology this will help Statement which does not cover the material in chronological sequence is To do so draft the statement in clear language. Your aim should be to get your side of the storyĪcross to the Judge. It is important both that you cover all the necessary background and that youĭo so in chronological order. Knowledge of the events covered by the witness statement. You should not forget that you (almost certainly) will have personal 11.8 ( 1) the witness statement should ‘tell the story’ in chronological order. (3) the witness statement is a statement of fact, not opinion and (2) the factual issues in the case should all be dealt with (1) the witness statement should ‘tell the story’ in chronological order Your witnesses y ou should take care to observe 4 ‘golden rules’: Content of Witness Statementġ1.7 As a litigant in person preparing a witness statement for yourself of any of GUIDANCE TO LITIGANTS IN PERSON (THAT ALL LITIGATORS SHOULD READ). It is often the case that witness statements, drafted by solicitors or their agents in good faith ( I exclude, of course, any case of deliberate intent to deceive by a witness or drafter), are signed or otherwise accepted by witnesses without any or any proper consideration of their accuracy, completeness or even truth”. I t is not infrequently the case that witness statements prepared by litigants-in-person are superior in form and substance to those prepared by solicitors or their agents based upon questionnaires, interviews (often by telephone) or correspondence with witnesses. “ I have often had occasion to remark about the failure to comply with the CPR so far as witness statements are concerned, as well as the obvious lack of skills of witnesses, and those acting for litigants, in formulating them. HH Judge Oliver-Jones QC ( Smith –v- J&M Morris (Electrical Contractors) Limited. However the following judgment makes salutary reading for all professional litigators. I only have limited experience of dealing with litigants in person. In the comments section to this blog there are several comments on the ability of litigants in person to draft their own witness statements. A SALUTARY JUDGMENT: LITIGANTS IN PERSON CAN BE BETTER AT DRAFTING THAN SOLICITORS I have extracted the section on drafting witness statements below and highlighted the most apposite parts for those responsible for drafting witness statements. This applies to the section on drafting witness statements. It is written by six Circuit Judges so it can be safely assumed that all guidance comes directly from the front line of litigation. It provides useful insights for most litigators and covers most aspects of civil procedure. I have recommended before that litigators read the guidance for litigants in person.
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