(6) have all numbers, including dates, expressed in figures, (7) give the reference to any document or documents mentioned either in the margin or in bold text in the body of the statement ; and. The attempts of witnesses to be experts, or to tell the judge what the outcome of the case should be, can lead to robust adverse comments* . 8.2 An affidavit which contains an alteration that has not been initialled may be filed or used in evidence only with the permission of the court. 2.01 Give a statement setting out the substance of all material instructions (whether written or oral) including the questions on which your opinion is sought, the materials provided and considered, and the documents, statements, evidence, information or assumptions which are material to your opinion(s). I have written, many times, about the dangers of putting opinion evidence into witness statements. “Witness statements. 26.2 To verify a statement of case the statement of truth should be set out as follows: ‘[I believe][the (party on whose behalf the statement of case is being signed) believes] that the facts stated in the statement of case are true’. It should not be presumed that all foreign governments are willing to allow their nationals or others within their jurisdiction to be examined before a court in England or Wales by means of VCF. 11.1 A document used in conjunction with an affidavit should be: (1) produced to and verified by the deponent, and remain separate from the affidavit, and. No answer to a question is legal advice and no lawyer-client relationship is created between the person asking the question and the person answering it. A direction from the court for the making of such a back-up recording must, however, be obtained first. In cases where the local site is a studio or conference room, the VCF arranging party should make arrangements, if practicable, for the royal coat of arms to be placed above the judge's seat. A statement of truth must be dated with the date on which it was signed – ensure you date as well as sign, any relevant documents; There is no absolute right to rely upon a witness summary. The new CPR Part 32.2(3) gives judges considerable discretion to control witness statements. witness statements can be “late” for different reasons – there can be good reasons This is an issue that has not yet been fully considered by the courts. (Witness must sign). All parties are entitled to be heard on whether or not such a direction should be given and as to its terms. A judgment must be made in every case in which the use of VCF is being considered not only as to whether it will achieve an overall cost saving but as to whether its use will be likely to be beneficial to the efficient, fair and economic disposal of the litigation. (2) be completed and signed by the person before whom the affidavit was sworn whose name and qualification must be printed beneath his signature, (3) contain the full address of the person before whom the affidavit was sworn, and. (2) be fully legible and should normally be typed on one side of the paper only. In this instance, the witness statement and it's statement of truth must be in the witness's own language along with stating how the statement it has been drafted by the lawyer (over the telephone, in person, via an interpreter etc.). Every statement of case (e.g., Particulars of Claim, Defence), every witness statement, and every certificate of service needs to have a signed statement of truth at the end of it (there are several other categories of documents requiring a statement of truth, see CPR Part 22). Courts use the evidence filed to decide issues: However, a considerable time (5 months) after exchange of witness statements the Claimant served a supplementary statement claiming that W … 9.2 An affidavit must be sworn before a person independent of the parties or their representatives. Key instances include: • They are used to verify statements of case. (3) the number of the affidavit in relation to that deponent, (4) the identifying initials and number of each exhibit referred to, and. (3) an exhibit to either an affidavit or a witness statement. 6. However, as … First, a witness … Consideration should be given to whether to use a document camera. Under CPR 32.13(1), during the course of the trial, a non-party can also inspect witness statements of witnesses, which stand as evidence-in-chief at trial. Witness statements must: Start with the name of the case and the claim number; State the full name and address of the witness; Set out the witness's evidence clearly in numbered paragraphs on numbered pages; End with this paragraph: 'I believe that the facts stated in this witness statement are true.' Perhaps even more important. The CPR update will also provide a fundamentally crucial change to the requirements setting out the process by which the statement has been prepared. New wording for Expert Witness’s Statement of Truth A reminder to all solicitors that are currently instructing expert witnesses under CPR that from today PD35, paragraph 3.3 requires experts to include the following additional sentence in their Statement of Truth: “I understand that proceedings for contempt of court may be brought against anyone who makes, […] 5 pages) The other site or sites to and from which transmission is made are referred to as ‘the remote site’ and in any particular case any such site may be another courtroom. This guidance is for the use of video conferencing (VCF) in civil proceedings. The parties should also agree where possible—, (a) that the documents contained in the bundle are authentic even if not disclosed under Part 31; and. The guidance covers the use of VCF equipment both (a) in a courtroom, whether via equipment which is permanently placed there or via a mobile unit, and (b) in a separate studio or conference room. Most people who frequently prepare witness statements for use in litigation will use a precedent document and simply amend the content of the statement to suit the circumstances. The associate will normally administer the oath. Free Taster Session – Motor Claims Liability Training, How to get live-online training that really works, Delivering the PSC by live remote learning. • They support the content of application notices. There is an argument that a statement that does not… The court will direct what is to happen to the back-up recording. 27.4A If the trial is to take place in the Family Division, then Practice Direction 27A supplementing the Family Procedure Rules 2010 shall apply to provide what must happen in relation to the trial bundle in place of paragraphs 27.5 to 27.15 below. To cater for this, the VCF arranging party should ensure that equipment is available to enable documents to be transmitted between sites during the course of the VCF transmission. With current technology, picture quality is good, but not as good as a television picture. (3) the number of the statement in relation to that witness. The changes have been implemented to highlight the risk of proceedings for contempt of court being commenced where a person or party signs a statement of truth without an honest belief in its truth. Statements of truth underpin key documents in the civil litigation process: see CPR 22.1. With all the recent amendments to the CPR in response to the COVID-19 pandemic, it would be easy to overlook the significant changes introduced on 6th April by the 113th update. The requirements are relatively few and relate primarily to the form rather than the content of the witness statement. Necessary cookies are absolutely essential for the website to function properly. (4) have the pages numbered consecutively as a separate document (or as one of several documents contained in a file), (6) have all numbers, including dates, expressed in figures, and. That party must also arrange for a technical assistant to be similarly present at the remote site for like purposes. They say that: 1. witness statements can be “late” for different reasons – there can be good reasons This is an issue that has not yet been fully considered by the courts. (1) which of the statements in it are made from the witness’s own knowledge and which are matters of information or belief, and. 25.2 Permission to file a defective affidavit or witness statement or to use a defective exhibit may be obtained from a judge17in the court where the case is proceeding. This note contains a practical guide to preparing witness statements for use at trial and interim hearings. (2) a party gives written notice of objection to the admissibility of particular documents. 26.3 Attention is drawn to rule 32.14 which sets out the consequences of verifying a witness statement containing a false statement without an honest belief in its truth. The request must be accompanied by a copy of the order directing that the matter be referred to the Attorney General and must –  a identify thestatement said to be false; b explain –  i why it is false; and ii why the maker knew the statement to be false at the time it was made; and c explain why contempt proceedings would be appropriate in the light of the overriding objective in Part 1. Time zone differences need to be considered when a witness abroad is to be examined in England or Wales by VCF. These cookies will be stored in your browser only with your consent. Inability of Deponent to read or sign affidavit, Who may administer oaths and take affidavits, Defects in affidavits, witness statements and exhibits, For citizen and business advice on justice, rights and more visit. 27.13 The party filing the trial bundle should supply identical bundles to all the parties to the proceedings and for the use of the witnesses. However it just as important is that you ensure that the statements you draft comply with the rules. witness statements or because of their tardiness in filing them coupled with what appeared to be a new aggressively intolerant attitude of judges to dilatoriness and incompetence. 2 A deponent is a person who gives evidence by affidavit or affirmation. VCF may be a convenient way of dealing with any part of proceedings: it can involve considerable savings in time and cost. CPR 32.4(1) states: “(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. The court will need to be satisfied that any equipment provided by the parties for use at the local site and also that at the remote site is of sufficient quality for a satisfactory transmission. The Business and Property Courts Board, chaired by the Chancellor of the High Court Sir Geoffrey Vos, has welcomed the Report and recommendations of the Witness Statements Working Group, chaired by Mr Justice Popplewell (now Lord Justice Popplewell) . (2) the source for any matters of information or belief. 28  28.1 1 Where a party alleges that a statement of truth or a disclosure statement is false the party must refer that allegation to the court dealing with the claim in which the statement of truth or disclosure statement has been made. ” Electronic signature of documents. (5) witness statement: ‘the witness statement filed on [date] or served on [party] on [date]’. Under CPR 5.4(C)(1), a non-party has the right to obtain copies of statements of case filed by the parties and any orders and judgments made by the Court. All such costs will be considered to be part of the costs of the proceedings and the court will determine at such subsequent time as is convenient or appropriate who, as between the parties, should be responsible for them and (if appropriate) in what proportions. does not comply with Part 32 or this practice direction in relation to its form, the court may refuse to admit it as evidence and may refuse to allow the costs arising from its preparation. (By rule 81.4(1), unless and to the extent that the court directs otherwise every contempt application must be supported by written evidence given by affidavit or affirmation.). (4) have the pages numbered consecutively as a separate statement (or as one of several statements contained in a file). CPR 32.10, not CPR 3.9, applies to late service of witness statements (High Court) Practical Law UK Legal Update Case Report 6-572-4650 (Approx. Language While there is little guidance in the CPR on what to do in circumstances where the witness’s native language is not English, the respective court guides address this. 1.1 Rule 32.2 sets out how evidence is to be given and facts are to be proved. A witness giving oral evidence at trial may with the permission of the Court amplify his witness statement and give evidence in relation to new matters which have arisen since the witness statement was served on the other parties (CPR 32.5(3)) but the Court will only give permission if there is a good reason not to confine the evidence witness to the contents of witness statements (CPR 32.5(4)). 20.3 Attention is drawn to rule 32.14 which sets out the consequences of verifying a witness statement containing a false statement without an honest belief in its truth. The guidance applies to cases where VCF is used for the taking of evidence and also to its use for other parts of any legal proceedings (for example, interim applications, case management conferences, pre-trial reviews). 15. Generally a Part 18 request will be made shortly after the relevant statement of case is served. 4. The requirements for a witness statement to be used at trial are set out at CPR 32.4 and in Practice Direction 32 (Evidence). That post set out the basic techniques when drafting witness statements. (1) which of the statements in it are made from the deponent’s own knowledge and which are matters of information or belief, and. ). 22.2 A witness statement which contains an alteration that has not been initialled may be used in evidence only with the permission of the court. 28.4 The rules do not change the law of contempt or introduce new categories of contempt. This website uses cookies to improve your experience while you navigate through the website. What is the correct line spacing for a witness statement? Power of the court to require a document to be verified. The parties should endeavour to agree on this. CPR 32.4 specifies that a witness statement is "a written statement signed by a person which contains the evidence which that person would be allowed to give orally". 19.2 The function of a witness statement is to set out in writing the evidence- in-chief of the maker of the statement. Additional documents are sometimes quite properly introduced during the course of a witness's evidence. ), (Practice Directions 7A and 17 provide further information concerning statements of case.). With all the recent amendments to the CPR in response to the COVID-19 pandemic, it would be easy to overlook the significant changes introduced on 6th April by the 113th update. 6.2 It is usually convenient for an affidavit to follow the chronological sequence of events or matters dealt with; each paragraph of an affidavit should as far as possible be confined to a distinct portion of the subject. If all parties consent to a direction, permission can be sought by letter, fax or e-mail, although the court may still require an oral hearing. (8) be drafted in the witness’s own language. There are many more changes included in the 113th CPR update in relation to statements, so you should therefore take steps to familiarise yourself with the full requirements for now drafting a Civil Procedure Rules compliant witness statement. A case may be won or lost on the strength of the witness evidence and the performance of the witness at trial. This is because the proceedings are court proceedings and, save as directed by the court, no other recording of them must be made. Similarly, at the conclusion of the hearing, he will ordinarily leave the local site while both sites are still on line. A witness statement is the equivalent of the oral evidence which that witness would, if called, give in evidence; it must include a statement by the intended witness that he believes the facts in it are true: CPR PD 32 para 20.1. In cases in which the VCF is to be used for the taking of evidence, the VCF arranging party must arrange for recording equipment to be provided by the court which made the VCF direction so that the evidence can be recorded. 18.6 Where a witness makes more than one witness statement to which there are exhibits, in the same proceedings, the numbering of the exhibits should run consecutively throughout and not start again with each witness statement. Witness statements prepared in a foreign language must be translated and both statements filed at court. (For information regarding evidence by deposition see Part 34 and Practice Direction 34A.). A statement, and its statement of truth, must now be written in the witness’s own language (PD22 paras 2.2 & 2.4; PD32 paras 18.1 & 19.1). “19.1 CPR rule 32.4 describes a witness statement as "a written statement signed by a person which contains the evidence which that person would be allowed to give orally". CPR Rule 32.10 specified the consequences of failing to serve a witness statement -namely that a witness may not be called at trial(and so the witness statement cannot be relied on as evidence). As above, the amendments to the CPR mean that from 6 April, the statement of truth will also need to include confirmation about the contempt of court consequences. 13.2 Court documents must not be exhibited (official copies of such documents prove themselves). 17. Some matters, which are taken for granted when evidence is taken in the conventional way, take on a different dimension when it is taken by VCF: for example, the administration of the oath, ensuring that the witness understands who is at the local site and what their various roles are, the raising of any objections to the evidence and the use of documents. Some countries may require that any oath or affirmation to be taken by a witness accord with local custom rather than the usual form of oath or affirmation used in England and Wales. 15.2 Every page of an exhibit should be clearly legible; typed copies of illegible documents should be included, paginated with ‘a’ numbers. Statements of truth verifying witness statements are similarly amended and will read: ‘I believe that the facts stated in this witness statement are true. The earlier post on witness statements had a large number of hits. 7.2 If that certificate is not included in the jurat, the affidavit may not be used in evidence unless the court is satisfied that it was read to the deponent and that he appeared to understand it. 12.2 When a bundle of correspondence is exhibited, the exhibit should have a front page attached stating that the bundle consists of original letters and copies. That post set out the basic techniques when drafting witness statements. The equipment should be set up and tested before the VCF transmission. It concerns witness statements for use at trials in the Business and Property Courts and applies to new and existing proceedings, but only to trial witness statements signed on or after [date]. (as above) and that he saw him make his mark on the affirmation. A witness summary should be set out in the same format and contain the same information as a witness statement. 2. 1.5 If a party believes that sworn evidence is required by a court in another jurisdiction for any purpose connected with the proceedings, he may apply to the court for a direction that evidence shall be given only by affidavit on any pre-trial applications. 22.1 Any alteration to a witness statement must be initialled by the person making the statement or by the authorised person where appropriate (see paragraph 21). The proceedings, wherever they may take place, form part of a trial to which the public is entitled to have access (unless the court has determined that they should be heard in private). The following paragraphs apply primarily to cases where the VCF is being used for the taking of the evidence of a witness at a remote site. 17.1 The witness statement should be headed with the title of the proceedings (see paragraph 4 of Practice Direction 7A and paragraph 7 of Practice Direction 20); where the proceedings are between several parties with the same status it is sufficient to identify the parties as follows: 17.2 At the top right hand corner of the first page there should be clearly written: (2) the initials and surname of the witness. 7.1 Where an affidavit is sworn by a person who is unable to read or sign it, the person before whom the affidavit is sworn must certify in the jurat that: (1) he read the affidavit to the deponent, (2) the deponent appeared to understand it, and. 29.1 Guidance on the use of video conferencing in the civil courts is set out at Annex 3 to this practice direction. A person applying to commence such proceedings should consider whether the incident complainedof does amount to contempt of court and whether such proceedings would further the overriding objective in Part 1 of the Civil Procedure Rules. (2) identified by a declaration of the person before whom the affidavit was sworn. 8. There have been three noteworthy amendments to CPR PD32, insofar as it concerns witness statements. (b) the translator must sign the original statement and must certify that the translation is accurate. 1.6 The court may give a direction under rule 32.15 that evidence shall be given by affidavit instead of or in addition to a witness statement or statement of case: (2) after any party has applied to the court for such a direction. (Paragraph 3A of Practice Direction 22 sets out the procedure to be followed where the person who should sign a document which is verified by a statement of truth is unable to read or sign the document other than by reason of language alone.). In Gladwin v Bogescu [2017] EWHC 1287 (QB), the court heard an appeal against the grant of relief from sanctions for late service of witness statements. The local site will, if practicable, be a courtroom but it may instead be an appropriate studio or conference room. Witness statements are a fundamental tool in the civil justice system. Witness statements must not be used to argue the litigant’s case. 16. must now be dated with the actual date signed and include new standard text with a contempt of court warning. But opting out of some of these cookies may affect your browsing experience. Practical Law Resource ID a-010-0742 (Approx. The court's permission is required for any part of any proceedings to be dealt with by means of VCF. 27.7 The preparation and production of the trial bundle, even where it is delegated to another person, is the responsibility of the legal representative who has conduct of the claim on behalf of the claimant. 19.2 The function of a witness statement is to set out in writing the evidence- in-chief of the maker of the statement. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’ The VCF arranging party must ensure that an appropriate person will be present at the local site to supervise the operation of the VCF throughoutthe transmission in order to deal with any technical problems. The wording for a statement of truth is set out in the CPR. 3. (2) in the jurat the word ‘sworn’ is replaced by the word ‘affirmed’. Subject to any order to the contrary, all costs of the transmission, including the costs of hiring equipment and technical personnel to operate it, will initially be the responsibility of, and must be met by, the VCF arranging party. The latest amendments to the Civil Procedure Rules (CPR) were announced back in January 2020 and included some important changes in regards to Witnesses, Witness Statements and Statements of Truth. Its use for the taking of evidence from overseas witnesses will, in particular, be likely to achieve a material saving of costs, and such savings may also be achieved by its use for taking domestic evidence. 10. 13.1 Photocopies instead of original documents may be exhibited provided the originals are made available for inspection by the other parties before the hearing and by the judge at the hearing. By Lisa Feng and Steven Fennell. • They serve to substantiate the contents of witness statements, themselves the bedrock of both interim applications and evidence at trial. 19.2 It is usually convenient for a witness statement to follow the chronological sequence of the events or matters dealt with, each paragraph of a witness statement should as far as possible be confined to a distinct portion of the subject. The CPR 32.10 sanction is that “the witness may not be called to give oral evidence”. CPR 32.10 specifies the consequences of failure to serve a witness statement. The party who is directed to be responsible for arranging the VCF (see paragraph 8 below) will be required to make all necessary inquiries about this well in advance of the VCF and must be able to inform the court what those inquiries were and of their outcome. must now be dated with the actual date signed and include new standard text with a contempt of court warning. Witness statements. (7) give the reference to any document or documents mentioned either in the margin or in bold text in the body of the affidavit. However it just as important is that you ensure that the statements you draft comply with the rules. • These changes are effective from 6 April 2020. If there are numerous bundles, a core bundle should be prepared containing the core documents essential to the proceedings, with references to the supplementary documents in the other bundles. (a) the claim form and all statements of case; (b) a case summary and/or chronology where appropriate; (c) requests for further information and responses to the requests; (d) all witness statements to be relied on as evidence; (f) any notices of intention to rely on hearsay evidence under rule 32.2; (g) any notices of intention to rely on evidence (such as a plan, photograph etc.) 1.3 Statements of case (see paragraph 26 onwards) and application notices3may also be used as evidence provided that their contents have been verified by a statement of truth4. The VCF arranging party must contact the listing officer, diary manager or other appropriate officer of the court which made the VCF direction and make arrangements for the VCF transmission. 18.1 The witness statement must, if practicable, be in the intended witness’s own words, the statement should be expressed in the first person and should also state: (1) … He will determine who is to control the cameras. 37. Where more than one bundle is supplied, they should be clearly distinguishable, for example, by different colours or letters. CPR 32.9 provides a mechanism whereby a party who is required to serve a witness statement for use at trial but is unable to obtain one may apply for permission to serve a witness summary instead. (For information regarding statements of truth see Part 22 and Practice Direction 22. This category only includes cookies that ensures basic functionalities and security features of the website. CPR 32.4(1) states: “(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. 9. CPR Rule 32.10 specified the consequences of failing to serve a witness statement -namely that a witness may not be called at trial(and so the witness statement cannot be relied on as evidence). 1.7 An affidavit, where referred to in the Civil Procedure Rules or a practice direction, also means an affirmation unless the context requires otherwise. “19.1 CPR rule 32.4 describes a witness statement as "a written statement signed by a person which contains the evidence which that person would be allowed to give orally". 24.1 Where the court has ordered that a witness statement is not to be open to inspection by the public15or that words or passages in the statement are not to be open to inspection16 the court officer will so certify on the statement and make any deletions directed by the court under rule 32.13(4).

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