Skip to main content
A witness statement is a written account of the facts that a person, the witness, is able to speak to from their own knowledge. In civil cases in England and Wales, witness statements are the main way factual evidence is put before the court. At trial, a witness statement usually stands as that person’s evidence, and they can then be questioned on it. A witness statement is signed with a statement of truth, a declaration that the person believes the facts stated are true. Signing a statement of truth is serious: making a false statement without an honest belief in its truth can amount to contempt of court.

​
What goes into a witness statement

A witness statement should:
  • Be written in the witness’s own words, in the first person
  • Cover only facts the witness knows about, not argument, opinion, or law
  • Set the facts out clearly, usually in date order
  • Refer to any documents the witness relies on, which are attached as exhibits
It should not read like a speech or a submission. Its job is to tell the court what the witness saw, did, said, or heard, in a way a judge can follow and rely on.

​
Facts, not argument

A common difficulty for people representing themselves is separating fact from argument. The urge to explain why the other side is wrong is strong, but a witness statement is not the place for it. The statement records what happened; the argument about what it means belongs elsewhere. Keeping to first-hand facts makes a statement both more useful and more credible.

​
Exhibits

When a witness refers to a document, that document is exhibited, meaning it is attached and labelled so it can be identified. A statement that mentions “the email I sent” is stronger when the email itself is exhibited and clearly referenced. See what is an exhibit index.

​
Chronological order helps

Because witness statements set out a sequence of events, laying them out in date order makes them far easier for a judge to follow. Building a clear chronology of the facts first often makes writing the statement more straightforward.
Portia is a document-organisation tool for people handling civil disputes in England and Wales. It is not a law firm and does not give legal advice. Learn what Portia does.