How to Write a Witness Statement: A Step-by-Step Guide [+Template]

By the end, you’ll have the confidence to draft a statement that’s both professional and fit for its purpose. We also provide a witness statement template to simplify the preparation process. 

But, before drafting a witness statement, it’s essential to understand its primary purpose.

What is a witness statement?

A witness statement is a written account of the facts relating to a legal case, provided by someone who has directly observed or experienced the events in question.  It is presented to the court by lay witnesses (also known as witnesses of fact).

The primary purpose of a witness statement is to present that witness’ facts clearly to the court or legal representatives, helping to build the case and support either party’s position. It serves as evidence and can be used in court proceedings to clarify what happened from the witness’s perspective.

By submitting a witness statement, you are offering your version of events in a formal, structured manner, allowing the court to consider it alongside other witness evidence. Also, it is important to remember that a lay witness statement should only include factual details, not opinions, and must be truthful, as it is a legal document.

How does a witness statement differ from an affidavit?

In practice, both a witness statement and an affidavit are similar documents.  They both provide to the court a factual witness’ written account of their version of events relevant to the case.  The witness statement or affidavit must (generally) relate solely to facts the witness directly experienced – such as what they saw, what they heard, what they did.  They cannot contain opinions or speculation.

The main difference between the witness statement and the affidavit is that the affidavit is sworn or affirmed (using an oath or affirmation) to be true and correct and thus becomes formal evidence in the proceedings.  There is a special process for this involving speaking specific words (the oath or affirmation) and writing specific wording (called a jurat).  It must be witnessed by a qualified witness, and be sworn using a bible if swearing the oath.

Conversely, a witness statement is not sworn or affirmed as true and correct in itself.  It is stated to be correct, but it does not go through that additional, formal process at the point of writing. However in the future that witness statement may be provided to the court and the witness then swears or affirms it is true and correct, and it becomes “formal” evidence in the same manner an affidavit.

Ultimately, however, in practice whether you prepare a witness statement or affidavit it will of course have to be true and correct, and they must be drafted in largely the same substantial way.  

For the purpose of this article we will focus on the drafting of a witness statement, but the majority of the principles apply to affidavits as well.

Ultimately, a well-prepared witness statement or affidavit helps ensure that justice is served by providing the court with a reliable account of the events. The next step is knowing the right time to prepare a witness statement, which is just as crucial as understanding its purpose.

Now that we’ve covered what a witness statement is, let’s explore when it should be prepared to ensure it’s as effective as possible.

When should you prepare a witness statement?

A witness statement should be prepared as soon as possible after the events you are reporting. The closer the statement is made to the time of the incident, the more likely it is that the details will be accurate and complete. 

Delaying the preparation of a witness statement increases the risk of forgetting important facts or unintentionally distorting your memory of the events.

In most legal cases, there will be specific deadlines set by the court or the legal team handling the case – ie your solicitors and barristers. It’s crucial to meet these deadlines to ensure your statement is considered. 

Even if you are unsure whether your statement will be used, it’s better to prepare it early, while the details are fresh in your mind. Being prompt also gives you time to review your statement thoroughly, seek advice if necessary, and ensure it accurately reflects your recollection.

By preparing your statement early, you help the legal process move more smoothly and ensure that your account is as accurate as possible. Adequate preparation is key to drafting an accurate and effective witness statement.

Ultimately, however, all witness statements should be prepared as if they will be formally read in court and tendered as evidence in court.  Thus you can be cross examined on their content.  Witness familiarisation training can be invaluable in making you, as a future witness, feel more comfortable in court. By gaining a better understanding of the trial process, expectations, and techniques used during cross-examinations, witnesses are better equipped to present their version of events in their statement with confidence, ensuring they contribute effectively to the case to deliver their own evidence.

Having discussed the timing of preparing a witness statement, let’s now look at how to approach writing one effectively.

How to prepare for writing a witness statement?

Before you start writing a witness statement, proper preparation is key to ensuring the document is clear, accurate, and legally sound. 

Follow these steps to prepare effectively:

Preparation steps	Description
1. Gather all relevant information	Start by collecting all documents, records, and other evidence that relate to the events in question. This might include emails, photos, contracts, or notes you made at the time.  Having these materials on hand helps ensure that your statement is factually precise.
2. Recall the events in detail	Take time to reflect on the incident you are writing about. Think carefully about what you saw, heard, or experienced. Try to piece together the sequence of events and write down key details as they come to mind.  It can help to mentally revisit the scene or moment to make sure nothing is missed.
3. Organise your thoughts	Once you have a clear recollection of the events, organise your thoughts in a logical order. A good approach is to arrange the facts chronologically, starting from the earliest relevant moment.  This will make the statement easier to follow and help avoid confusion.
4. Stick to the facts	As you prepare, focus solely on the facts.  Your witness statement should reflect exactly what you witnessed, not what you assume or believe might have happened.  Avoid opinions, speculations, or conclusions, as these can weaken the credibility of your statement.
5. Speak to your lawyers to assist with the process	In practice your legal team will help you with the drafting of your statement.  If you’re unsure about any details or need advice on legal aspects, consult the solicitor handling handling the case. They can guide you on the structure of the statement and answer any questions you may have before you start writing.  Your lawyers will be able to help you with the process, but ultimately all of the facts and assertions in the witness statement must be your own!
6. Check and use a witness statement example	Review a witness statement template to guide the structure, language, and content of your own.  It helps ensure your statement is formatted correctly and follows best practices.
7. Ensure accuracy	Double-check any details, such as dates, times, locations, and names.  Even small mistakes can undermine the credibility of your statement.  These can be used against you in later cross examination, so it’s essential that every aspect is as accurate as possible.

 

Preparing thoroughly before writing will make the process smoother and ensure that your statement is a true, reliable account of the events in question. Once prepared, it’s time to focus on the step-by-step process of writing the statement itself.

How to write a witness statement?

Writing a witness statement requires precision and clarity. Preparing a statement is a witness skill that ensures your account is presented accurately and effectively. 

Follow these steps to help you answer the question of “how to prepare a witness statement” and ensure your statement is well-organised, factual, and legally appropriate:

1. Clearly label the statement

Title your document with “Witness Statement of [Your Full Name]” and include the case reference number if available.  Also include the date, and the number of the witness statement (i.e. “The First Statement of Joe Bloggs”). This makes it clear to which case the statement relates and where it fits into the proceedings.

2. Start with your personal details

At the beginning of your statement, include your full name, address, occupation, and relationship to the case. This provides context for your involvement and helps the court understand your connection to the events.

3. Use headings within the statement

Use headings in the drafting of the statement.  These will help you structure your statement more clearly, and will help any reader better understand what you are saying.

4. Write a statement of truth

Include a statement of truth at the beginning or end of your witness statement. This could be phrased as: “I believe that the facts stated in this witness statement are true to the best of my knowledge and belief.”

You must sign and date this section, as it verifies that you stand by the truthfulness of your account.

5. Structure your statement logically

Present the facts in a clear, chronological order. Start from the first relevant event and work your way through to the final / most recent. 

Break the statement into paragraphs, using each paragraph to focus on a single point or fact. This makes your account easier to follow. Use a maximum of about 4 sentences to each paragraph.

Use numbered paragraphs and sub-paragraphs.  This makes it easier for you to cross refer to other parts of your statement, and for others to refer to specific parts of your statement.  This will be particularly relevant during any cross examination of you based on your statement.

6. Describe the facts in detail

Be specific about what you saw, heard, or did. 

For example, instead of saying “The meeting took place in the afternoon,” specify, “The meeting took place at 3 pm on 10th May 2023 in the conference room at Mr Jones’ office.”

The more detail you can provide, the more helpful your statement will be to the court (and the less scope there will be for people to challenge you on your evidence).

7. Avoid opinions or assumptions

Your statement should only include what you personally witnessed. Do not include guesses or assumptions about what might have happened, and avoid giving your opinion. 

For instance, if you didn’t see something happen directly, don’t suggest what you think happened—only state what you know for certain.

8. Use clear, simple language

Write in plain English, avoiding legal or other jargon or technical or overly complex language. The aim is to be as clear as possible. Short sentences and straightforward phrasing are ideal. 

If possible, avoid using technical terms unless they are relevant to the facts and you understand them fully.

9. Cross-reference any supporting documents

If you are attaching evidence such as photographs or documents, reference them within your statement. For example, you could say, “A copy of the email I received on 12th June 2023 is attached as Exhibit A.” 

Ensure that the attached evidence is labelled correctly and matches the references in your statement.

10. Review and revise

Once you have written your statement, read through it carefully. Check for any errors, unclear sections, or missing details. Make sure nothing has been overlooked, and it is consistent with any supporting evidence you have provided.  

In practice your legal team will help you with this process.  After all, they are the specialists in this process.

11. Sign and date the statement

After reviewing, sign and date your witness statement. This confirms that the information provided is true and accurate. 

Your statement is now ready to be submitted to the court or legal representatives.

By following these steps, you will be sure about how to write a witness statement for court and your witness statement will be clear, factual, and well-organised, making it a valuable piece of evidence for the case.  It will also be less open to challenge in the court under cross examination which will make your subsequent testimony less difficult.

To guide the writing process, here’s a useful template for structuring a witness statement.

Need a witness statement template? Download yours here

Crafting a clear, concise, and accurate witness statement is crucial in legal proceedings. 

To help ensure your statement meets court standards and effectively conveys your account, we’ve provided a witness statement template below. This template serves as a structured guide, making it easier to organise your thoughts, present facts logically, and adhere to formal requirements.  The precedent is provided in both pdf and editable “Word” format so you can both refer to it as a guide, and adapt and amend the template to prepare your own witness statement.

Using a well-structured format such as this not only helps in maintaining the credibility of your written evidence but also ensures that the court, legal professionals, and other involved parties can easily follow your narrative.  It will also be invaluable if you are cross examined on your statement in the proceedings. 

Simply customise the details of this witness statement example to fit your unique situation while adhering to the principles of factual accuracy and relevance.

Feel free to adjust the sections to suit the specifics of your case, but be sure to keep the statement focused, professional, and fact-based. Also, remember, along with the statement, certain supporting documents may need to be attached for clarity and completeness.

What additional documents should be attached to the witness statement?

When preparing a witness statement, it’s often essential to include supporting documents that back up or clarify the facts you’ve provided. These additional materials help give context and strengthen the credibility of your statement. 

Here are the key types of documents you may need to attach:

Photographs

If any photographs are relevant to the events you’re describing, attach them to your statement. This could include pictures of the scene, any damage or injuries, or any relevant objects. 

Be sure to label each photo clearly, with a brief description and reference them in your statement (e.g., “See attached photograph labelled Exhibit A“).

Emails and correspondence

Any emails, letters, or messages that relate to the incident can provide crucial evidence. So can calendar invitations or call logs which will show that a meeting or telephone call occurred on a certain day. These should be organised in a way that is easy to follow, with each piece of correspondence clearly labelled. 

Reference these documents in your statement when discussing any communication (e.g., “I received an email from Eugene on 5th April 2023 at 10.24am, attached as Exhibit B“). 

Contracts or agreements

If your witness statement is related to a business dispute or a contractual matter, attaching copies of relevant contracts or agreements can be essential. 

Make sure the document is the correct version and mention in your statement any specific clauses that are relevant to the case. Reference them clearly within your statement, and perhaps even extract those clauses into the content of your statement

Reports or records provided by others

In some cases it will be possible to include references to reports or records provided by others. For example in cases involving injury, medical conditions, or family law disputes attaching medical reports, hospital records, or doctor’s notes can be helpful. These documents provide official confirmation of any physical or psychological effects mentioned in your statement. 

This is not limited to medical cases however.  These reports can be from any third party, and could include accountant reports, building inspection reports, police incident reports etc.

Again, ensure these are properly labelled and referenced (e.g., “See attached report prepared by Mr Smith dated 10th June 2023, marked Exhibit C“).

Note however, that in many cases it will be better to have that person who wrote the report provide evidence to the court directly.  If this is to be done they will have to write their own witness statement, or perhaps prepare an expert report.

Receipts or invoices

If there are financial aspects to the case, such as damages or expenses incurred, attach receipts or invoices as proof. 

This is particularly important in claims involving compensation or reimbursement.

Other relevant documents

Depending on the nature of the case, other documents such as police records, official forms, or planning documents may need to be attached. 

Ensure that any additional paperwork relevant to the events is included, clearly labelled, and properly referenced within your statement.

When attaching documents to your witness statement, it’s crucial to label each one as an exhibit (e.g., Exhibit A, Exhibit B) and explain and cross-reference them within the statement itself. 

Ensure that any documents provided are clear, legible, and relevant to the facts discussed. By attaching supporting documents, you help verify the accuracy of your account and provide a fuller picture for the court or your solicitor, and any barristers or counsel involved.

Once finalised, the next step is ensuring the proper submission of the witness statement to the court.

How to submit the witness statement to the court?

Once your witness statement is completed, properly formatted, and signed, the next important step is submitting it to the court. This process must be handled carefully to ensure that the statement is accepted and considered by the court. 

Follow these steps to submit your witness statement correctly:

1. Check court deadlines: Confirm the submission deadline set by the court and ensure your witness statement is submitted on time to avoid exclusion of your evidence.
2. Follow submission guidelines: Adhere to the court’s specific formatting and submission procedures, whether electronic or by post. Check with your lawyers if unsure.
3. Submit electronically or by post: Submit the statement electronically (PDF format) or by post, ensuring it’s properly signed, labelled, and sent with tracked delivery.
4. Provide copies to relevant parties: Distribute copies to all parties involved, including the opposing legal team, following court instructions.
5. Confirm receipt: Ensure the court has received your statement by getting a confirmation or following up with the court registry if needed.
6. Retain a signed copy: Keep a signed copy for your records in case of future reference and for when you are cross examined on the statement during the proceedings.

By following these steps, you can ensure that your witness statement is submitted correctly and on time, giving it the best chance of being considered by the court. 

It’s vital to consider the legal consequences if a witness statement contains false information.

What happens if the witness statement is untrue?

Providing an untrue witness statement can have serious legal consequences. 

A witness statement is a legal document, and when you submit it, you are stating that the facts you’ve provided are accurate and truthful to the best of your knowledge. If it turns out that a statement contains false information, whether intentional or not, it can undermine your credibility as a witness, and the entire legal argument and process.

In cases where the falsehood is deliberate, the consequences can be even more severe. 

Submitting a knowingly false witness statement can be considered misleading the court which is a criminal offence.  

This is even more serious when the witness statement has been sworn into evidence, or you make misleading statements in an affidavit.  This is perjury, which is a very serious criminal offence.  This is effectively the same as lying to the court when giving testimony.  Both misleading the court, and perjury carry serious penalties, including fines, imprisonment, or both, depending on the severity of the case. 

It’s important to remember that providing false information in a witness statement doesn’t just harm your credibility; it can damage the case you are involved in and potentially lead to a miscarriage of justice.

If the untruth is unintentional, such as an honest mistake or a forgotten detail, the consequences may be less severe, but the statement could still be questioned and you will be challenged in court under cross examination. 

This could lead to your evidence being disregarded or given less weight. The court relies on witness statements to form a clear understanding of the facts, so any inaccuracies can hinder the case and affect the outcome of the proceedings.

To avoid these risks, it’s crucial to ensure that your witness statement is based entirely on the truth – facts that you personally witnessed or experienced. Double-checking details, such as dates, times, and specific events, will help to ensure accuracy.  In fact, you should check each individual sentence to confirm it is correct, and how you know it to be so.

If you are uncertain about any aspect of your statement, it’s better to leave it out or seek legal advice before submitting it.  Don’t try and “fudge” it or twist the truth.  You will get found out and you will (at best) be in for some very unpleasant cross examination. 

Ultimately, the integrity of the witness statement process depends on honesty and accuracy. Providing truthful and reliable information not only helps the court in its decision-making but also protects you from the legal consequences of submitting false or misleading evidence.

Conclusion

Writing a witness statement is a crucial part of the legal process, and it’s essential to approach it with care, accuracy, and honesty. By understanding its purpose, preparing thoroughly, and following proper guidelines for writing and submitting your statement, you ensure that your account of events contributes meaningfully to the case. 

Supporting your statement with relevant documents, submitting it on time, and ensuring it is truthful not only strengthens your credibility but also helps the court reach a fair and just decision. With the steps outlined in this guide, you can confidently navigate the process and provide a clear, reliable witness statement.

However, the preparation doesn’t end with the written statement. Witnesses must also be ready to face cross-examination in court based on their statement.  During cross examination their credibility and recollection will be challenged and discredited by cross examining barristers and counsel. Loquitur’s specialised training sessions are perfectly designed to equip you with the skills and confidence needed to navigate cross-examination effectively.

Ready to strengthen your witness knowledge and practical skills for cross examination? 

Explore Loquitur’s barrister-led factual witness familiarisation and training sessions to prepare for cross-examination and make sure you’re fully equipped for every step of the legal process.