When do I submit a Witness Statement?
Almost 20+ weeks after you've sent in your initial defence, you will be asked by the Court to provide a Witness Statement and supporting documentation. The date by which you must send these papers to the Court and the other party will be found in the Notice of Allocation. The date is usually 14 days prior to a hearing date but you MUST check the Notice to ensure as some courts want longer e.g. 1 month before and we have seen the occasional 7 days.
Example Witness Statement from Courts Service
How many Witness Statements.
If there was a passenger with you, or if someone can add to your defence e.g. an employer, then get a Witness Statement from them too. Anything that adds to your defence.
How to prepare a Witness Statement
The layout of a Witness Statement is shown above and the most important part is the Statement of Truth which also needs to be signed.
The format of the WS tends to be:
1. Explain who you are and your reason for writing the Witness Statement e.g having to defend a claim
2. Add in this statement next "The facts set out in this Witness Statement are true to the best of my knowledge and belief and are within my own knowledge unless stated to the contrary"
3. Set out the facts in chronological order e.g. on the xx of xx I visited the site to see a patient etc.
4. Give your reasons, based on the facts, why you think the money is not owed e.g. I paid but was slightly over time by a few minutes,
6. Then ask for the case to be struck out and for you to be awarded costs for having to defend the case.