detailed structure and notes on witness evidence in civil litigation

Evidence
WITNESS EVIDENCE:

General:
R32.2(1) – any fact that needs to be proved is to be proved via oral evidence at trial.
R32.5(2) – where a witness is to give evidence, their witness statement stands as their evidence in
chief.
R32.4(2) – if a witness statement is not exchanged pre-trial, the witness can only given evidence at
FORMALITIES OF A WITNESS STATEMENT:

Rules for the form of witness statements are set out under PD32 paras 17–20.
Para 17.1 - the witness statement should be headed with the title of the proceedings.
Para 17.2 - the top right-hand corner should state:
(a) the party on whose behalf the statement is filed (eg Claimant);
(b) the initials and surname of the witness – MISSING MIDDLE NAME
(c) the number of the statement in relation to that witness (eg 1 st EXHIBIT (INITIALS);
(d) the identifying initials and number of each exhibit referred to (eg MLB1-3);
(e) the date the statement was made (eg 16/05/19); and
(f) the date of any translation.
PD 32 para 18.1 - the witness statement should be drafted in the witness’s own words and language
(PD 32 para 18.1) and include:
(a) the full name of the witness;
(b) where he lives or, if the statement is made as part of their employment or business, the
address at which they work, position in the business and the name of the business;
(c) their occupation or description;
(d) (if so) that they are a party or an employee of a party; and
(e) the process by which it has been prepared (face-to-face/telephone/through an interpreter.
PD 32 para 18.2 – the statement should state what elements are based on the witness’s own
knowledge and which are matters of belief and the source of that information of belief.
PD 32 para 18.3 and 18.6 – exhibits should be numbered in chronological order and the exhibits
themselves must be verified and identified by the witness in the separate annexed document to the
statement.
PD 32 para 19 -
(a) the witness statement should be divided into numbered paragraphs
(b) all numbers, including dates, should be expressed in figures and not words – 5,000,000
(c) the witness statement should normally 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
PD 32 para 20.2 – The witness statement must contain a statement of truth in the witness’s own
language in the following words:
I believe that the facts stated in this witness statement are true. 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.

GENERAL FORMALITIES:
PD 5A para 2.2 - Every document prepared by a party for filing or use at the Court must –
(1) Unless the nature of the document renders it impracticable, be on A4 paper of durable quality having a
margin, not less than 3.5 centimetres wide,

Sanctions for not serving a witness statement – r32.10:

If a party knows they will not be able to exchange a witness statement at the prescribed date, the
party should let the o/s know and request an agreement for an extension. This can be done so long as
the agreement is recorded in writing and no key case management dates are jeopardised.
If there is no agreement/a key date would be affected  immediate application should be made to
the court with supporting evidence for the need for an extension.

If no statement is served – party can apply for an application for striking out the defaulting party’s
case for failing to comply with the court order which specified the dates for witness statement
exchange.