Writing a legal statement generally involves documenting the facts and judicial principles for a definite legal case or issue. As it is mentioned in recent lines that legal statements can be prepared for variety of different purposes, it is most important to write the legal statement in a format that is legally correct and clearly shows the relevant legal facts of the issue or situation.
For example, legal statements are prepared for written acknowledgement, court judgment, lease or purchase contract etc. It is also general that in working scenario of law enforceable agencies and law related departments, cops may require to submit some sort of vital data and information in the consideration of court and they deliversuch information and data in the form of legal statement.
Writing a legal statement not require creative writing skills but a proper format and layout that is legally correct and acceptable by law enforcement agencies and other concerned departments. If you choose the second option, rename the "Statement of Facts" to "Facts and Assumptions. This section is a brief one-sentence statement.
It should define the legal question and include a few facts. Keep it descriptive and concise for more effect. For multiple issues, list them in the order they'll be discussed. The most important issue should be the lead-in. It must be written in a simple, precise, brief, and articulate manner.
List all issues and their related sub-issues in a logical, numbered order. There are two ways to discuss legal issues. The second option has become the preferred format since it's clearer for the reader to follow. The discussion section is vital as it describes the law and its application to the case.
This section should include a minimum of one strategy as well as the pros and cons of using that strategy. You can include a conclusion with the statement of facts section or create a conclusion at the end that's a summary of the memorandum. It should also include a brief outline of the legal analysis.
If you need help with how to write a legal memorandum, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. A legal statement template is a document prepared for use in a variety of legal cases that involve all of the judicial principles. These legal statements are prepared by both the prosecution as well as defense. The legal statement needs to be generated with great care and professionalism since this archive will describe and showcase the authenticity of the material or the company being represented.
The advantages along with the drawbacks of the product or the website should be mentioned briefly. For instance, where the claimant is an individual and signs the statement of truth, it might appear like this: I believe that the facts stated in this witness statement are true. Ralph Rogers The Claimant [date] If the witness statement is made for a company which is say the second defendant in the case, it would read like this: I believe that the facts stated in this witness statement are true.
Before you serve it. Changing your witness statement After you finish and sign your statement, your recollection may change. Preparing Exhibits to Witness Statements exhibits-representation Documents which are referred to in a witness statement are organised into one or more exhibits.
Check out the template exhibit cover sheet below. It is a good idea to exhibit documents in this way because: the documents support your case it serves as a reminder to you of why you said something in your witness statement it's more difficult to criticise your witness statement for lack of documentary support you protect yourself by ensuring that what you say is referable to a specific document when you refer to a document, you are able to refer to different parts of it, with the context of what you say in your statement if there is anything unusual about the document, you are able to comment on it the judge will be able to see what you are talking about, rather than have to work it out or guess what you are talking about and then seek clarification at the hearing your cross-examination will be either be harder or more focused, because you've kept yourself what you can say, without sounding like a removed strange person that draws wild and baseless conclusions.
Also: if any of the pages are illegible because the printing is faint, you should type up a copy and exhibit it with the best copy you are able to make of the poor quality document No point putting in evidence that the judge and the other parties can't read bundles of letters, emails and messages such as WhatsApp and text messages should be in chronological order, so that the earliest letter is at the top and the most recent at the bottom. The statement usually says: I verify that this is the exhibit marked '[exhibit reference]' to my [number] witness statement dated [date].
Writing a Good Witness Statement statement-of-truth The Importance of Context location-map-context When preparing your witness statement it's a good rule of thumb to exhibit documents to the witness statement which support the facts you state.
Turn of Events You could just tell the story that: In one month you were doing research, then you created the proof of concept in the next month. After that might come the internal testing and analysis of results. Like emails and notes that show the timing of events in the development. Think about it. The documents you have found add credibility and believability to the witness statement. And it's the same with causes of action other than breach of confidentiality , such as the common claims encountered in commercial litigation such as: breach of contract civil fraud negligent misrepresentation conversion , or conspiracy.
Omissions Often a story can be told and details are left out for brevity or impact. You need to re-sensitise yourself to the truth when you are preparing your witness statement. Jargon jargon-alert If any jargon or industry specific language needs to be used, it should be explained succinctly. Opinion Evidence loud-warning Some straight-talking. You really do devalue your witness statement when you state opinions.
So your witness statement is not the place for: clown-bow-tie personal opinions prejudicial comments criticising others opinions on the issues in dispute in the court proceedings, which the court needs to decide.
The Trial: Some Context The more important witness statements in legal proceedings are used at the trial. Above, we mentioned the old procedure of giving evidence in chief orally. The Truth in Witness Statements Even if you're a party to the proceedings, it's your overriding duty to tell the unvarnished truth, politely and respectfully.
Tell the truth. And so it should be with your witness statement. When you are questioned in court The dynamic in court is this. Barristers ask you questions. When you answer the question, you look at the judge. FAQs: Can you be forced to give a witness statement? What can happen if you do not go to court? Are witness statements confidential? Are Witness Statements on the Public Record?
Who gets to see witness statements? What if a witness statement is not signed? Differences: Affidavits vs Witness Statements Can a witness statement be signed electronically? Can you withdraw or retract a witness statement? What is a Lay Witness Statement? What is Expert Evidence? What is the Statement of Truth that experts have to sign?
Is a Witness Statement a Statement of Case? How Witness Statements and witnesses are tested testing-witness-statements You may wonder how courts assess witness statements and your performance in court.
Credibility of Witnesses One of the central concepts here is credibility. Judges do this for a living. They are good at it.
You can bet that what you say in a witness statement will be checked against all other documentation available, some of which you may not have seen or even know about. The test here is the balance of probabilities.
The balance of probabilities means that the court is satisfied an event occurred if the court considers that, on the evidence, the occurrence of the event was more likely than not. Or none of them? Courts will assess the inherent probability or improbability of an event.
It of itself is a matter to be taken into account when weighing the likelihood of what you say against the other evidence available. This does not mean that serious allegations require a higher standard of proof. Basically, the more improbable the event, the stronger must be the evidence to prove it. Much depends on the context within which the events are said to have happened.
This does not mean that all of the evidence of the witness is discarded or discounted. Questions like this are an ordinary part of cross-examination. The court is testing your version of events.
First it gives you the opportunity to deal with an opposing view or inconsistency. It gives the judge an opportunity to assess your performance on critical issues in dispute, and your demeanour and in the overall context of the litigation.
This is probably the most important part of cross-examination. Template Downloads: Template: Witness Statement Template: Exhibit cover sheet Make sure you check out this to make sure you have got it right here before you sign off on the statement. FAQs: 1. Can you be forced to give a witness statement? The simple answer is no. However with most things in law, it's not that simple. A party can ask the court to issue witness summons. A witness summons compels the witness to attend court to either: give oral evidence, or produce documents to the court.
It would be a contempt of court not to appear on the date specified in a witness summons. That rule applies unless or until: you give your permission in writing for your statement to be used for another purpose, other than in the proceedings for which it was made the court gives permission for it to be used for another purpose, or the witness statement has been put into evidence at a hearing to be held in public, ie in open court.
At that stage any confidentiality which once existed in the document is lost. See above. The short answer is: almost.
However, restrictions apply to documents which can be obtained from the Court file. The following are usually able to be obtained without much trouble, by anyone: Statements of Case , which includes the Claim Forms, Particulars of Claim, Defence, Reply to the Defence, Counterclaims, Defence to Counterclaim, Reply to Defence to the Counterclaim and Further Information and Clarification Judgments and Orders made in public are usually able to be obtained without much trouble.
When you appear at the trial for cross-examination, the judge will also have a copy. In our language, the witness statement: would carry "no weight" because it is not endorsed - or verified - by a statement of truth may be excluded from evidence which the party is able to rely on altogether at the trial. Differences: Affidavits vs Witness Statements There are several differences between witness statements and affidavits. The main ones are: The form of an affidavit is slightly different to a witness statement.
An affidavit commences with the words "I, [name], [occupation], say on oath In witness statements, the witness starts with, "I, [name], [occupation], will say as follows Affidavits must be sworn before a solicitor, legal executive or public notary Affidavits contain a jurat, whereas witness statements are endorsed with a statement of truth.
Affidavits are used in applications for Freezing Orders and Search orders: Freezing Orders are court orders that prevent a person from disposing or dissipating their assets. Search Orders effectively permit a litigant to search someone's premises for evidence relevant to proceedings.
Can a witness statement be signed electronically? The short answer is yes. Or at least: we've never had a problem with electronic signatures. To tell the difference between expert evidence and lay evidence, here's the terminology: "expert evidence" is given by an expert appointed by the court under CPR The evidence is almost invariably given by witness statement rather by affidavit.
The appointment of the expert will take place with the permission of the court. The permission is given in case management directions - these directions are usually made at the first case management conference. A "lay witness statement" is a witness statement made by a person who is not an expert.
Suppose you are: a fully qualified and experienced civil engineer; and the claimant in your own legal case. Suppose you have a friend who is a civil engineer. Experts have greater and overriding responsibilities to the court when they give evidence.
If you've worked through what is set out above, you may realise that: witness statements and statements of case serve fundamentally different purposes the role of a statement of case as evidence is limited. There is very little to decide a fact on the balance of probabilities based on a statement of case, because there will be little evidence of the allegation in the statement of case which would appear in a witness statement The court rules allow statements of case such as particulars of claim or a defence to be used as a matter of convenience.
London Litigation Lawyers Want to say the right thing, the right way in a litigation case? Have an urgent hearing coming up, and need a hand with a witness statement?
We've acted for, advised and assisted litigants and witnesses in commercial litigation to: prepare and firm up their evidence prior to hearings check over witness statements to iron out weaknesses that will prompt criticism avoid catastrophic mistakes in litigation that lead to averse costs orders required to be paid within 14 days advised on the legal requirements to be successful at hearings culled bad arguments which almost certainly hold no sway with courts advanced and defended applications for: default judgment summary judgment and strike out applications security for costs specific disclosure We know both sides of the story, and how your opponent is likely to come at you.
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