In short: A witness statement is a written document setting out the evidence a witness will give to the court; in civil proceedings in England & Wales it serves as the witness’s evidence in chief, so the witness is cross-examined on its contents rather than repeating it orally at trial. It must comply with Practice Direction 32 — written in the witness’s own words, confined to relevant facts within personal knowledge, properly formatted and verified by a statement of truth. eLitigant drafts your witness statement from your own facts, or reviews the draft you have written, for £30.

How to Write a Witness Statement (2026 Guide)

A witness statement is a written document that sets out the evidence a witness will give to the court. In civil proceedings in England and Wales, witness statements serve as the witness’s evidence in chief — meaning the witness does not normally repeat their written evidence orally at trial but is instead cross-examined on the contents of the statement. Getting the witness statement right is therefore not merely a formality. It is the foundation of your case at trial. A poorly drafted statement can undermine credible evidence, while a well-prepared statement presents your case clearly and persuasively. This guide covers the current rules governing witness statements — including the important 2022 changes to Practice Direction 32 — the format requirements, what to include, what to avoid, and practical tips for litigants in person preparing their own statements or helping witnesses prepare theirs.

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A real witness statement — worked example

Below is a witness statement in support, drafted to counsel standard (illustrative facts). It is part of a complete N244 application bundle — the application notice, this witness statement with its exhibits, a draft order and a covering letter. Note the numbered paragraphs and the statement of truth.

Draft your witness statement — £30 →

Illustrative example only — not a real client matter. Not a law firm; you remain the litigant in person; no outcome guaranteed.

When Do You Need a Witness Statement?

Witness statements are required in most civil proceedings where the case goes beyond the small claims track. Specifically:

• Fast track and multi-track cases — the court will almost always order exchange of witness statements as part of the directions. Each party discloses the written evidence of every witness they intend to call at trial.
• Small claims track — witness statements are not always required in advance, but it is good practice to prepare them. The judge may direct that witness statements be exchanged before the hearing, or may simply hear oral evidence on the day.
• Interim applications — many applications (such as applications for injunctions, summary judgment, or specific disclosure) must be supported by a witness statement setting out the evidence relied upon.
• Appeals — witness statements may be required to support or oppose an appeal, particularly if there is a dispute about what happened at the hearing below.

The court’s directions order will specify when witness statements must be exchanged. In fast track cases, this is typically 4–8 weeks before trial. In multi-track cases, the deadline is set at the case management conference and may be 8–14 weeks or more before trial.

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What a Witness Statement Does

A witness statement performs several critical functions in litigation:

• Evidence in chief — under CPR r.32.5(2), a witness statement that has been served stands as the evidence in chief of that witness at trial. The witness will not normally be allowed to add to or expand on their written evidence orally (though the judge has discretion to permit supplementary questions).
• Disclosure of your case — the witness statement tells the other side what evidence you will present at trial. This allows them to prepare for cross-examination and promotes fairness.
• Record for the judge — the judge reads the witness statements before trial. The statement is your opportunity to set out your account clearly, in your own words, before you are cross-examined.
• Basis for cross-examination — the other side will cross-examine your witnesses on the contents of their statements. Anything in the statement that is inaccurate, exaggerated, or inconsistent with the documents can be challenged.

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The 2022 Changes to Practice Direction 32

In April 2022, significant amendments were made to Practice Direction 32. These changes were introduced to address concerns about witness statements that were drafted by lawyers rather than reflecting the witness’s own evidence, that contained argument or commentary rather than factual evidence, and that were unnecessarily long or included irrelevant material. The key changes are:

Certificate of Compliance

Every witness statement must now be accompanied by a certificate of compliance signed by the person who prepared the statement (which may be the witness themselves, a solicitor, or another person assisting the witness). The certificate confirms:

• The statement has been prepared in accordance with Practice Direction 32 and the relevant court rules.
• The person preparing the statement has explained to the witness the purpose of the statement, the importance of the statement being in the witness’s own words, the duty to set out matters of fact of which the witness has personal knowledge, and the requirement to identify matters of information and belief and their source.
• The witness has confirmed that the statement is, to the best of their knowledge and belief, an accurate account in their own words.

For litigants in person preparing their own witness statement, you sign the certificate yourself confirming the statement is your own work and reflects your own account.

Statement Must Be in the Witness’s Own Words

The statement must be drafted in language that the witness would naturally use. It should not read like a legal document if the witness is not a lawyer. If a solicitor or other person assists in drafting, the final statement must still reflect the witness’s own words and the witness must have confirmed this. This is particularly important for litigants in person. Your statement should sound like you. Use language you are comfortable with. Do not try to adopt legal jargon or a formal tone that does not reflect how you would naturally describe events.

No Argument or Commentary

Witness statements must contain evidence of fact, not argument or submissions. You should not include:

• Legal conclusions (e.g., “the defendant breached the contract”).
• Opinions on what the law requires (unless you are an expert witness giving expert evidence in your field).
• Commentary on the other side’s case or credibility.
• Argument about what the court should decide.

These matters belong in your written submissions or skeleton argument, not in a witness statement.

Relevance and Proportionality

Witness statements must be confined to matters that are relevant to the issues in dispute and that are within the witness’s personal knowledge. You should not include:

• Background information that is not relevant to the issues.
• Evidence about matters the witness did not personally see, hear, or experience (unless identifying it as information received from another source and stating the source).
• Repetition of the contents of documents that are already in evidence — instead, refer to the document and explain what happened.

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Format Requirements

Practice Direction 32 sets out specific format requirements for witness statements. Failure to comply may result in the statement being rejected by the court or the witness being prevented from giving evidence.

Heading

The statement must bear the following heading:

• The title of the proceedings (e.g., “SMITH v JONES”).
• The claim number.
• The name of the witness.
• The party on whose behalf the statement is made (claimant or defendant).
• The number of the statement (e.g., “First witness statement of John Smith” or “Second witness statement of John Smith”).
• The date of the statement.
• Whether any documents are exhibited and, if so, the exhibit reference.

Body of the Statement

• Paragraph numbering — each paragraph must be numbered consecutively.
• Font and spacing — the statement must be typed in a font no smaller than 12 point, with 1.5 line spacing and margins of at least 2.5 cm.
• First paragraph — should identify the witness (full name, address, occupation), their connection to the case, and whether the evidence is given from personal knowledge or information and belief.
• Chronological order — the evidence should be set out in chronological order wherever possible.
• References to documents — where the witness refers to a document, they should identify it by its exhibit reference and briefly describe it. Do not copy out the text of documents at length — the court has the documents and can read them.
• Information and belief — if the witness does not have personal knowledge of a fact but includes it on the basis of information received from another person, the statement must say so and identify the source. For example: “I am informed by my neighbour, Mr Roberts, that he witnessed the defendant’s vehicle parked on the grass verge on 3 March 2025. I have not personally verified this.”
• Final paragraph — should state: “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.”

Statement of Truth

The witness statement must be verified by a statement of truth. The form of words is: “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.” The witness must sign and date the statement. Under CPR r.22.1 and r.32.14, a false statement verified by a statement of truth may lead to proceedings for contempt of court.

Exhibits

Documents referred to in the witness statement should be exhibited. Each exhibit must be identified by a reference (e.g., “JS1” for the first exhibit of John Smith) and accompanied by an exhibit frontsheet that states:

• The claim number.
• The witness name and exhibit reference.
• A description of the exhibit.
• The date.

The exhibit frontsheet is signed by the witness or the person before whom the statement is sworn or affirmed.

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Step-by-Step Guide to Writing Your Witness Statement

1. Identify the Issues

Before you start writing, identify the issues in dispute. These will be apparent from the statements of case (the claim form, particulars of claim, defence, and any reply). Your witness statement should address these issues directly. Do not include evidence on matters that are not in dispute — the court does not need you to prove agreed facts.

2. Gather Your Documents

Assemble all the documents you intend to refer to — contracts, correspondence, photographs, invoices, text messages, emails. Organise them in chronological order. You will exhibit these to your statement.

3. Write a Chronological Narrative

Start from the beginning and work through events in the order they happened. For each key event, state:

• When it happened (date, and time if relevant).
• Where it happened.
• Who was present.
• What was said or done.
• What documents are relevant to that event (with exhibit references).

4. Distinguish Fact from Opinion

State what you saw, heard, or did — not what you think about it. If you heard the defendant say something specific, quote the words as best you can. If you noticed a physical condition (e.g., a crack in a wall, water damage to a ceiling), describe what you observed. Do not include conclusions like “the defendant was clearly negligent” or “it was obvious that the work was substandard.” Those are submissions for your legal argument, not evidence for your witness statement.

5. Be Precise

Avoid vague language. “Around that time” is less helpful than “on or about 14 March 2025.” “He sent me several messages” is less helpful than “He sent me four text messages between 10 and 14 March 2025, which I exhibit at JS3.” The court values specificity.

6. Address Weaknesses

If there are facts that are unhelpful to your case, deal with them honestly. If you made a late payment, admit it and explain why. If you did not respond to a letter, say so. Attempting to hide adverse facts will damage your credibility under cross-examination — it is far better to acknowledge them in your statement and provide context.

7. Keep It Focused

Resist the temptation to include your entire life history or every detail of your relationship with the other side. The court wants evidence relevant to the issues in dispute. A concise, focused statement is more persuasive than a rambling narrative.

8. Prepare the Certificate of Compliance

If you are a litigant in person preparing your own statement, you complete the certificate of compliance confirming that the statement is your own work, prepared in accordance with Practice Direction 32, and that it reflects your own account in your own words. If someone has assisted you in preparing the statement (for example, Chris), the certificate should be adapted to confirm that the assistant explained the requirements to you and that you have confirmed the statement is accurate and in your own words.

9. Sign the Statement of Truth

Print the statement, review it one final time, and sign it. Date it. Keep a copy for your records and for use at the hearing.

10. Prepare Your Exhibits

For each document referred to in the statement, prepare an exhibit frontsheet with the appropriate reference. Assemble the exhibits in order and bind or clip them together. Bring copies for the judge, the other side, and yourself.

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Key Deadlines

Event	Typical Deadline
Exchange of witness statements (fast track)	4–8 weeks before trial (as ordered)
Exchange of witness statements (multi-track)	8–14 weeks before trial (as ordered)
Supplementary witness statements	Only with court permission — apply as soon as the need arises
Filing at court	As directed — usually at the same time as the trial bundle
Service on other parties	On the date specified in the directions order

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What Happens After You Exchange Witness Statements

Preparation for trial — once witness statements are exchanged, both sides know the evidence the other intends to present. You should review the other side’s statements carefully and prepare your cross-examination. Identify inconsistencies, points where the evidence conflicts with the documents, and areas where the witness may be vulnerable. Trial bundle — the witness statements are included in the trial bundle, which is the collection of documents the judge reads before the hearing. The bundle typically includes statements of case, witness statements, expert reports, and key documents. Evidence in chief — at trial, the judge will already have read the witness statements. The witness is called to the witness box, takes the oath or affirms, and confirms that the statement is their evidence. Under CPR r.32.5(2), the statement stands as evidence in chief. The witness may be asked a few supplementary questions with the court’s permission, but the main purpose of their oral evidence is to be cross-examined. Cross-examination — the other side (or their representative) asks questions designed to test and challenge the witness’s evidence. You should be prepared for this. Do not argue or become defensive — answer the questions honestly and clearly.

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Common Mistakes

1. Writing Argument Instead of Evidence

The statement should contain facts, not legal argument. Phrases like “the defendant breached his contractual obligation” are legal conclusions, not evidence. Instead, state the facts: “The defendant agreed in the contract dated 5 January 2025 to deliver the goods by 1 February 2025. The goods were not delivered by that date.”

2. Failing to Comply with the 2022 Format Requirements

Since the 2022 changes to Practice Direction 32, the certificate of compliance is mandatory. Omitting it may result in the statement being rejected or the court refusing to admit the evidence. Ensure the statement meets all format requirements: numbered paragraphs, correct font size, proper heading, and the certificate signed.

3. Including Hearsay Without Identifying It

If you include information you received from someone else (rather than from your own direct knowledge), you must identify it as hearsay and state the source. Failure to do so may result in the evidence being given little or no weight, or being excluded entirely.

4. Being Too Long

A witness statement that runs to 50 pages when 10 would suffice wastes the court’s time and dilutes the impact of your evidence. The court values conciseness. Under the 2022 Practice Direction, the statement should be confined to relevant matters within the witness’s personal knowledge.

5. Contradicting the Documents

If your statement says one thing but the documents say another, you will be challenged on this in cross-examination and your credibility will suffer. Always check your statement against the documentary evidence before signing it.

6. Not Addressing Adverse Facts

If there are facts that are unhelpful to your case, it is better to address them in your statement and provide context than to ignore them. The other side will raise them in cross-examination, and if you have not dealt with them, it will appear that you were trying to hide them.

7. Copying Out Documents at Length

Do not reproduce the full text of letters, emails, or contracts in your statement. Instead, refer to the document by its exhibit reference and summarise the relevant point. The judge has the documents in the trial bundle and can read them.

8. Missing the Deadline for Exchange

If you fail to serve your witness statement by the date specified in the directions order, you may not be allowed to call that witness at trial unless the court grants relief from sanctions under CPR r.3.9. This requires you to show that the breach was not intentional, that there is a good explanation, and that all other conditions are met. Prevention is far better than cure — serve on time.

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The Rules That Apply

• CPR Part 32 — evidence. Governs the use of witness statements, the power of the court to control evidence, and the circumstances in which a witness may give oral evidence.
• CPR r.32.2 — the court’s general power to control evidence, including the power to limit cross-examination.
• CPR r.32.4 — the requirement for witness statements to be served if a party intends to rely on witness evidence at trial.
• CPR r.32.5 — witness statements as evidence in chief. The statement stands as the witness’s evidence at trial.
• CPR r.32.14 — proceedings for contempt of court for false statements verified by a statement of truth.
• Practice Direction 32 (as amended 2022) — the detailed requirements for the form and content of witness statements, including the certificate of compliance, the requirement for the statement to be in the witness’s own words, and the prohibition on argument.
• CPR r.22.1 — statement of truth. The form of words to be used and the consequences of a false statement.
• CPR Part 33 — hearsay evidence. If your statement includes evidence from information and belief (i.e., hearsay), Part 33 governs the admissibility and weight of that evidence.
• CPR r.3.9 — relief from sanctions. Applicable if you miss the deadline for exchanging witness statements.

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Related Court Forms & Guides

• Form N260: Statement of Costs — the costs schedule used at summary assessment.
• Form N244: Application Notice — the form for interim applications.
• Start a Money Claim Online (OCMC) — where most civil money claims begin.
• Particulars of Claim — setting out the basis of your claim.
• Civil Court Forms Index — every civil court form guide in one place.

How Chris Can Help

Writing a witness statement that complies with the 2022 Practice Direction 32 requirements, presents your evidence clearly and persuasively, and withstands cross-examination is not easy — especially if you are unfamiliar with the rules of evidence and the expectations of the court. Chris can help you draft your witness statement from scratch or review a statement you have prepared yourself. Chris can ensure it complies with the format requirements, includes the certificate of compliance, properly identifies hearsay, is confined to relevant evidence, and is organised in a way that the judge will find clear and useful. Chris can also help you prepare exhibit bundles and advise on the strength of your evidence. Start My Case — £30 · For complex multi-track cases with multiple witnesses and extensive documentary evidence, ask about our Hybrid tier for barrister-grade drafting and comprehensive witness statement preparation.

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Frequently Asked Questions

Q: Can I write my own witness statement as a litigant in person? A: Yes. You have every right to prepare your own witness statement. Under the 2022 Practice Direction 32, if you prepare the statement yourself, you sign the certificate of compliance confirming it is your own work in your own words. The same format requirements apply whether the statement is prepared by a solicitor or by you. Q: What are the 2022 changes to witness statement rules? A: The key changes introduced in April 2022 require a certificate of compliance with every witness statement, confirming that the statement is in the witness’s own words and has been prepared in accordance with Practice Direction 32. The changes also reinforce that statements must contain evidence of fact (not argument), must be confined to relevant matters, and must identify hearsay and its source. These reforms were designed to improve the quality and reliability of witness evidence. Q: What happens if I miss the deadline for exchanging witness statements? A: If you fail to serve your witness statement by the date in the directions order, you may not be permitted to call that witness at trial without the court’s permission. You would need to apply for relief from sanctions under CPR r.3.9, which requires showing that the failure was not intentional, that there is a good explanation, and that granting relief is consistent with the overriding objective. The court applies this test strictly. Q: Can I include opinions in my witness statement? A: Generally, no. A witness of fact should state what they saw, heard, or did — not what they think about it. Opinions are the province of expert witnesses under CPR Part 35. However, a witness of fact may express opinions on matters within common experience (e.g., estimating speed, describing weather conditions) provided the opinion is based on their own observation. Q: Do I need to exhibit every document I mention? A: You should exhibit every document that is relevant to your evidence and that you refer to in the statement. If the document will already be in the trial bundle (which is common for key correspondence and contracts), you may simply refer to it by its bundle reference rather than exhibiting it separately. Discuss this with the court or the other side when preparing the trial bundle. Q: What if I want to add to my witness statement after exchange? A: You need the court’s permission to serve a supplementary witness statement after exchange. The court will consider whether there is a good reason for the additional evidence, whether it would cause prejudice to the other side, and whether it is proportionate. Apply as soon as you identify the need for supplementary evidence — late applications are viewed unfavourably.

Frequently asked questions

What is a witness statement and what does it do?

It is a written document that sets out the evidence a witness will give to the court. In civil proceedings in England & Wales it stands as the witness’s evidence in chief, so the witness does not normally repeat it orally at trial but is cross-examined on its contents. It discloses your case to the other side, gives the judge your account in your own words, and forms the basis for cross-examination.

When do I need a witness statement?

They are required in most civil cases beyond the small claims track. In fast track and multi-track cases the court will almost always order an exchange of statements as part of its directions. On the small claims track they are not always required in advance but are good practice. Many interim applications must be supported by a witness statement, and they may be needed on appeals. The court’s directions order sets the exchange deadline.

What did the 2022 changes to Practice Direction 32 introduce?

The April 2022 amendments require every witness statement to be accompanied by a signed certificate of compliance, confirm the statement must be in the witness’s own words, and prohibit argument, commentary or legal conclusions. For a litigant in person preparing your own statement, you sign the certificate yourself confirming it is your own work and reflects your own account.

What format must a witness statement follow?

PD 32 requires a heading with the title of the proceedings, claim number, witness name, the party on whose behalf it is made, the statement number and date. The body must have consecutively numbered paragraphs, be typed in a font no smaller than 12 point with 1.5 line spacing and margins of at least 2.5 cm, set out events chronologically, and identify documents by exhibit reference. Failure to comply may result in the statement being rejected.

What must I avoid putting in my statement?

Confine it to relevant facts within your personal knowledge. Do not include legal conclusions, opinions on the law, commentary on the other side’s case or credibility, or argument about what the court should decide — those belong in your written submissions or skeleton argument. Avoid irrelevant background, evidence of matters you did not personally witness (unless you identify the source as information and belief), and copying out documents already in evidence.

How is a witness statement verified?

It must be verified by a statement of truth and signed and dated by the witness, confirming the witness believes the facts stated are true and understands that proceedings for contempt of court may be brought against anyone who makes a false statement without an honest belief in its truth. Related guides: Statement of truth · N244 application notice · Skeleton arguments · All civil court forms