![]() If you have therefore realised in the time between making your statement and the trial, that something needs to be amended, this is your best chance to say so. They will ask you to look at a copy of your signed Witness Statement and confirm that it is your statement and that you do not wish to change anything. If you are required to attend trial, then the Barrister acting for the person you are helping will call you when it is you turn to give evidence. Please rest assured however that civil Courts in England and Wales bear very little resemblance to the trials you may have seen on TV! That said, if the matter you are a witness for does go to trial, this can seem very daunting. It is therefore likely that you will never have to step foot in a Court room as a witness. Most contested probate cases settle ‘out of Court’, which means that they never go to trial. This is rare and requires the witness to have been dishonest, or to have disregarded the truth. Accordingly, if the Court took the view that any facts were stated without an honest belief in the truth of those facts, proceedings for contempt of Court could be taken against the witness. Signing the Statement of Truth amounts to confirmation to the Court by the witness that the facts in the statement are true. The most important rule to be aware of is that the Witness Statement will be finished with a Statement of Truth. They may also include some expressions of opinion in certain circumstances, but this is not always necessary or appropriate.Įvery Witness Statement must comply with certain rules from the Civil Procedure Rules, and the solicitor taking the statement will ensure that these rules are all met. We do not therefore recommend discussing your Witness Statement with anyone else. It must therefore be entirely accurate from their own recollection only. Witness Statements are in the name of the witness providing them and it is them who must sign it. What is a Witness Statement?Ī Witness Statement is a formal document, addressed to the Court, in which a witness sets out all the facts that they are aware of that apply to the case. This may be because their evidence is unhelpful to the person they are trying to assist, or because their evidence is not relevant, not sufficiently factual, or already covered by another witness. ![]() There may be some instances when a Witness Statement is taken from someone, but they are not selected to continue with the claim. In other circumstances, it will be a professional such as a solicitor or doctor. In some instances, it will be a close relative – perhaps the spouse, child, or sibling – of the person who has died. In short, it can be anyone over the age of 18, who has mental capacity to provide a Witness Statement, and who has factual knowledge relevant to the claim.Įxactly who the best witnesses are for a specific claim will depend entirely on the circumstances of each case. It can also relate to the person who is bringing or defending the claim and their conduct either before or after the death of the deceased person. In contested probate cases, this is often evidence about the deceased person’s physical or mental health, and their ability to manage their own affairs and make their own decisions. What is a Witness?Ī witness in the context of a civil case (as opposed to a criminal one) is someone who has relevant factual information that relates directly to whatever issue the Judge is being asked to make a decision about. This help guide provides you with some of the key information that you will need to give a Witness Statement and/or attend trial. ![]() If the case you provide your Witness Statement for goes to trial, then you may have to attend Court and give evidence about the matter in person. ![]() If you are the Claimant, Defendant or have relevant factual information in relation to a contested probate or contested Court of Protection matter, then it is very likely you will be asked to provide a formal Witness Statement.
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