Quick answer
A witness statement must follow Practice Direction 32: head it with the case title and claim number, give the witness’s name, address and occupation, use numbered paragraphs in the witness’s own words, and exhibit documents. It ends with a dated statement of truth confirming belief in its truth, with the contempt-of-court warning for false statements.
Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.
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In short: A witness statement is your own sworn account of the facts — written in the witness’s own words, based on the witness’s own knowledge and signed with a statement of truth — that the court reads as written evidence before trial. It is governed by CPR Part 32 and PD 32, with the PD 57AC regime applying to trial statements in the Business and Property Courts, and the statement of truth carries a contempt-of-court warning for false statements. eLitigant drafts your witness statement to the format the court expects, or checks the draft you have already written, for £30.
A witness statement is the written evidence you will stand behind on oath. It is not a letter, not a complaint, and not an argument. It is your own sworn account of the facts, written in your own voice, that the court will read before a word is spoken at trial. Get it right and your case breathes. Get it wrong and you spend the hearing explaining why your own document does not say what you meant.
This guide walks through the format the court expects in 2026 — CPR Part 32, Practice Direction 32, and the newer PD 57AC regime that applies in the Business and Property Courts.
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What a Witness Statement Is
A written record of the evidence a witness would give orally at trial. Governed by CPR Part 32 and PD 32, with PD 57AC for Business and Property Courts matters. Live trial time is scarce. Judges read statements before court. Settlements are often reached on the strength of them alone.
It must be in the witness’s own words, based on the witness’s own knowledge, signed with a statement of truth. Not the solicitor’s pleading in first person. Not a closing speech. What you saw, heard, did, or were told — and nothing more.
The Structure the Court Expects
- Top right of first page — party, witness initials and surname, statement number, exhibit labels, date.
- Title of proceedings — court, claim number, parties.
- Opening paragraph — full name, address, occupation, capacity.
- Numbered paragraphs — one matter per paragraph.
- Chronological order — unless there is good reason to group by theme.
- Source of knowledge — where a fact is not within direct knowledge, identify the source.
- Statement of truth — in the prescribed form, signed personally.
Pages numbered consecutively. A4, 3.5cm margin, 12pt minimum, 1.5 or double line spacing. First person throughout. Past tense.
The Statement of Truth — Why Getting It Right Matters
Under CPR 22, the prescribed form (April 2020) 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.”
Sign personally. Print name beneath. Date. A false statement of truth is contempt of court — commit to prison, fine, or costs. Do not exaggerate. If uncertain, say so — “to the best of my recollection” is fine; inventing detail is not.
What to Include (and What Not to Include)
MUST include: full legal name, address, occupation, relationship to the case, source of knowledge for each fact, chronological account, exhibit references, statement of truth signed and dated.
MUST NOT include:
- Argument — that belongs in the skeleton argument.
- Legal submissions — not your job in the witness box.
- Opinion — unless an expert.
- Commentary on other witnesses — do not call them liars.
- Material outside your knowledge — unless properly flagged with source.
- Hearsay without notice — CPR 33.2 applies.
- Bulk documents — exhibits must be referenced and labelled.
Handling Hearsay Correctly
Hearsay is a statement made outside court relied on for its truth. Admissible in civil since the Civil Evidence Act 1995, but CPR 33.2 requires a notice if the maker is not being called.
- Identify the source clearly: “My neighbour Mrs Ahmed told me on 3 March 2025 that she had seen…”
- State whether the source is being called.
- Explain why the maker is not being called.
- Do not disguise hearsay as direct knowledge.
Exhibits and Bundles
Exhibits are documents referred to in the statement. Labelling: witness initials plus running number (JS1, JS2, JS3). Referencing in the body: “I refer to the email of 14 January 2025, a copy of which is at JS1 of the bundle.”
Front sheet for each exhibit: “This is the exhibit marked JS1 referred to in the witness statement of Jane Smith dated [date]”, signed by the witness. Exhibits arranged chronologically or in the order referred to, paginated. Exhibit what is relevant; do not dump entire email chains.
The PD 57AC Compliance Regime
From 6 April 2021, PD 57AC applies to trial witness statements in the Business and Property Courts. Key requirements:
- Confirmation of compliance — witness signs a confirmation having read the Statement of Best Practice.
- Certificate of compliance from legal representative where one is instructed.
- List of documents the witness has referred to or been referred to.
- Restricted content — facts only, no argument, speculation, or commentary.
- No lengthy quotation of documents — if it speaks for itself, do not recite.
- Witness’s own words — not polished into legal prose.
Non-compliance: statements struck out, refused, re-drafted at cost, adverse costs orders.
Common Mistakes to Avoid
- Writing in argumentative tone.
- Merging witnesses into one joint narrative.
- Assuming knowledge you do not have.
- Forgetting dates.
- Failing to reference exhibits.
- Overlong statements.
- Copying and pasting from correspondence.
- Signing without reading aloud.
- Serving late (CPR 32.10 sanctions).
- Amending informally — permission required.
The Rules That Apply
- CPR Part 32 — general rules on evidence. CPR 32.4, 32.8, 32.10, 32.14.
- PD 32 — formatting rules.
- PD 57AC — Business and Property Courts trial statements.
- CPR 22 — statement of truth rules and contempt consequence.
- CPR 33.2 — hearsay notices.
- Civil Evidence Act 1995 — abolished the hearsay rule; weight factors in s.4.
- FPR PD 22A — family court equivalent.
- Employment Tribunal practice — statements taken as read; culture less formal but numbered, first-person, statement of truth still expected.
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
You can draft your own witness statement. Most self-represented litigants do. Most also rewrite it three or four times, miss PD 57AC requirements, or accidentally argue their case instead of giving their evidence. That is the gap Chris fills.
Chris drafts to CPR 32 and PD 32 compliance, PD 57AC discipline where B&PC requires it, numbered paragraphs, chronological, source of knowledge for every fact, proper exhibit references, statement of truth in the 2020 wording. You provide your account and supporting documents. Chris drafts. You read every line aloud and sign.
Don’t know exactly which form or document you need? Tell Chris what you’re trying to achieve. Upload any documents you have, describe your situation — Chris drafts the correct document in the correct format. Witness statement, skeleton argument, particulars of claim, Part 36 offer, settlement agreement — whatever your case requires. £30 → Express Document.
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Frequently Asked Questions
Must I sign the exact prescribed wording?
Yes. The CPR 22 wording (April 2020) is mandatory. Copy exactly, print name, sign, date.
Can someone else write my witness statement?
A lawyer or drafting service can help, but content must be your evidence in your words. You sign the statement of truth personally. PD 57AC explicitly requires the witness’s own words in B&PC matters.
What if I miss the deadline?
Under CPR 32.10, may not be called unless the court gives permission. Apply for relief under CPR 3.9 as soon as possible.
Can I include what someone else told me?
Yes, identify the source clearly. If the maker is not being called, serve a hearsay notice under CPR 33.2 with the statement.
How long should it be?
As short as reasonably possible. Ten focused pages beat forty padded ones. PD 57AC warns against over-long statements.
Do I need an affidavit instead?
Only in specific situations — committal, certain freezing/search orders, some insolvency matters. Most civil proceedings: witness statement is sufficient.
Does PD 57AC apply to my case?
Only to trial witness statements signed on or after 6 April 2021 in the Business and Property Courts. Not multi-track outside B&PC, family proceedings, or ET cases. But the discipline is best practice everywhere.
Can I amend after serving?
Not unilaterally. Requires court’s permission or the other parties’ agreement. A short supplementary statement is usually cleanest.