Therefore, it is important that you stick to the facts in your witness statement. You make your written witness statement under penalty of perjury, just as you would if you were to give oral testimony. You would answer those questions in first person rather than third person, so it is appropriate to do the same in your written witness statement.ģ. However, as a personal statement that describes what you saw and heard, you should write about it from the first-person perspective, using pronouns such as “I” and “me.” Remember that if you were to give this testimony in court, you would respond to questions posed to you by the attorneys and/or judge. It is unnecessary to mention anything about your background unless it is relevant to your testimony.īecause a court proceeding is formal, you may be tempted to describe the event in writing from a third-person point of view. If you witnessed an incident, all you have to say in your statement to establish your credentials is that you were present at the time and saw what happened. Nevertheless, you do not necessarily need to be an expert to give testimony. For example, if you were an expert on solar panels asked to testify to the effectiveness of a certain model, you would describe the education and training you have received on photovoltaic technology. In other words, you need to explain to the court why you have the standing to speak about a certain issue. In this context, “credentials” refers to the reason that you have been asked to give testimony. Here are some tips for writing a statement the court will accept. Because the proceedings are formal, your witness statement should follow a certain format. Under circumstances such as these, the court may allow you to submit your testimony in the form of a written statement. Perhaps appearing in person would expose you to unnecessary danger, or maybe the distance you would have to travel is insurmountable. You may be indisposed because of illness or injury. When you have to give a statement as a witness in a legal proceeding, it is generally preferred that you do so in person. However, if you do not have a compelling reason to give written testimony, the court usually requires that you appear in person. Get some help download a Template or Book a Consultation.If something prevents you from appearing in court, you may be able to make a written statement instead. The child’s welfare is the courts paramount consideration. It is best to avoid using inflammatory wording and to bear in mind that the Court is not trying the breakdown of your relationship with the other party but has to decide what are the best arrangements for your child. You may want to take legal advice as to the content of the statement, as it forms your evidence. Once you have prepared the statement you should make sure that each page and paragraph is numbered. You can serve the statement by posting it to the other party. post the statment to the court) the statement at court and send a copy to the other parties. You may see that the Family Court Order says you have to file and serve a statement. There are FREE Witness Statement templates to help you prepare your witness statement. The statement should end with a statement of truth, the date and your signature. The statement should be headed with the case number and the names of the parties. The statement should preferably be typed on A4 size paper. Statements are useful in assisting the Court in determining what the issues are in a case, how serious those issues are and what it is that you would like the court to order.īoth parties and any witnesses a party wishes to call to give evidence need to prepare a Statement. A statement of evidence or witness statement in the Family Court in the UK is prepared if there are going to be contested proceedings.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |