Format, body and heading of witness statement is described in details in Practice Direction CPR 32 paragraph 17-20.
Tips to write witness statement for small claim:
- Witness statement should be put in A4 format with a 3.5cm margin. Each page should contain number. Initials of the witness and case number should but into each pages of statement if pages is insecure bounded.
- At the top of document write the court name, small claim case number and full names and addresses of parties, specifying who is defendant or claimant.
- Witness statement should also state occupation, place of work, position and name of employer.
- Each evidence in witness statement must be put into paragraph and indicates source of information whether it is belief or any matter. All facts and evidences should follow chronological sequences and contain date or digit where it is known.
- Witness should set up all fact relevant to the case or explain clearly its connection with specific facts, events, documents or person.
- At the end of witness statement write sentence: I believe the facts stated in the witness statement are true. Like particulars of claim, witness statement must be verified by a statement of truth (Part 22 Court Procedure Rules)
- Put witness sign and date at the bottom of the small claim witness statement.
- These tips could be applicable to any court witness statement
How to serve and use witness statement
By default in small claim cases there are no obligation to provide witness statement as a prove of some arguments or facts. But court may give a direction to produce witness statement by the parties.
Generally, defendant or claimant should serve and file witness statement prior small claim hearing if another specific action wouldn’t be directed by a court.
Claimant has no obligation to reply on defence, because court gives direction after getting all statements from defendant and it could be a request of witness statement or allocation hearing. But if claimant has something to contradict to defendant by providing solid witness statement it worth to make prior preparation to the hearing and draft such witness statement. In that case claimant should note witness statement in the direction questionnaire and serve copy to the defendant:
Requirement to serve witness statements for use at trial
32.4
(1) A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally.
(2) The court will order a party to serve on the other parties any witness statement of the oral evidence which the party serving the statement intends to rely on in relation to any issues of fact to be decided at the trial.