how do you write a personal statement for court

Personal statement

How to submit a personal statement.

If your attorney asked you to submit a personal statement, please follow these instructions. A personal statement is a letter you write that states why you want to clear your record. The judge in the county you are applying in will read this when deciding on your case.

Your case is on hold until your attorney has received your personal statement.

Instructions for writing your personal statement:

Please follow these instructions when writing your personal statement. Answer all the questions below in your letter. Please write at least 3-5 sentences in each paragraph.

• Write the date.
• Start the letter with To Whom It May Concern,
• Introduce yourself to the judge.
• What has been going on in your life recently?
• How is your life different now, since your last conviction?
• What jobs, programs, activities, or community service have you been involved in?
• What did you do in those programs?
• What goals are you working on achieving in your life right now?
• How are you working on achieving your goals?
• Why do you want to clear your record?
• How will clearing your record change your life or help you?
• Write Sincerely,
• Print your full name.

 Where to send your personal statement:

Please send your personal statement to the county who requested them from you. You can find their contact information on the county Public Defender and legal aid contact page .

How To Write A Statement For Court

Last Updated on May 11, 2022 by Fair Punishment Team

Whether you are the plaintiff, the defendant, or another witness in a court case, you will probably have to write a statement for the court.

Statements from key parties and witnesses in court cases are often made under oath. Such statements constitute crucial pieces of evidence and help to determine the overall outcome of the case.

The smaller details of writing a statement for court will vary depending on the nature of the case, which court the hearing is taking place in, and your role within the case.

However, there are some fairly universal rules and guidelines which apply to the writing of most court statements. We will be walking you through the process of writing a statement for court today.

The Purpose Of A Court Statement

The purpose of a court statement, in general, is to present an overview of one party’s truthful experience of the events that led to the court case.

At its core, a court statement, be it from an eyewitness, the plaintiff, or the defendant in the case is a piece of legal evidence.

You may be asked to give either a formal or informal statement in court. A formal statement is often interchangeably referred to as an Affidavit.

An Affidavit is a statement that is presented before the court after having been signed in the presence of a notary or another qualified legal witness.

A notarized (sworn) statement or Affidavit carries more weight in terms of evidence than an informal statement.

1. Establish Your Timeline

Before you start writing your statement, make sure that you have a clear timeline of events established in your mind – and, if possible, through documentation.

The last thing you want is to start writing your statement from a place of confusion when it comes to the details, so make sure that you have all of the events as clear as possible in your mind.

This way, you will be able to recount them clearly in the order in which they occurred.

2. Formulate A Title

Your statement will need a title. This can be as simple as ‘Statement/Affidavit of [ ]’ followed by the case caption.

The case caption contains the basic information surrounding the case, including the case number, the names of involved parties, the state and county, and the name of the courthouse.

3. State Who You Are

This part is called a statement of identity. Essentially, before you get into the details of the events at hand, you need to let the court know who you are, including your relationship with any parties involved in the case.

This should be concise, including only facts that are important to your identity and the case. For example: ‘My name is [ ]. I am [ ] years old. I live at [ ] and work as a [ ]. I am the [ ] of Mr/Miss/Mrs/Ms [ ].’

4. Be Honest And Specific

Many people worry about the process of writing down their version of events for a court statement, but this part is actually very simple (although it may take a long time depending on the complexity of the events you are recounting).

In essence, all you have to do is write down, honestly, what you remember about the event, in clear and concise language, while being as specific as possible.

If you can’t remember a specific detail or moment from the event, it is much better to be honest and say that you don’t remember than to write down something you’re unsure about.

Try to include dates and times wherever possible and describe events in as much detail as you can recall, where relevant.

5. Use Your Own Words

Of course, you want your court statement to read clearly and be appropriate for reading in a formal setting. For this reason, your statement may sound slightly more formal than you would in your day-to-day life.

However, it’s very important that you write your statement in your own words. Your statement should not sound as though anyone (especially not your lawyer) has written it for you or put words in your mouth.

If the court suspects that your statement does not accurately reflect your own honest perception of events, this will reflect badly on you during proceedings. So, write concisely, clearly, and as yourself.

6. Don’t Speculate

If you are writing a statement as a witness, your statement should only include facts of the case. You may be asked to provide evidence of these facts if possible.

You might not be able to provide supporting evidence for every fact in your statement, but you can’t include any speculation of what might have happened or what you imagine happened.

Avoid statements such as ‘I think’ or ‘might have’. These will make your testimony less convincing.

Being honest and admitting to not recalling or being unsure of specific details is preferable to speculating, although you should try your best to remember as much as possible to avoid your statement being classed as unreliable.

7. Summarize

Before you go through the last legal formalities of completing your statement or Affidavit, you should briefly summarize the events and facts you have recalled in the statement.

You don’t need to go into everything in detail all over again – just provide a short statement to reiterate the main points you have made in your testimony.

This is similar to the process of writing a conclusion in an essay in school, although again, it should only consist of facts.

8. Notarize

If you have been asked to write a formal Affidavit or sworn statement for court, you will need to have it notarized before it can be read in court.

The process of notarization involves each page of the Affidavit document as well as any amends to the document being signed by a licensed notary.

You will also need to sign all of the above yourself, but you must not do so until the statement has been approved by a notary.

Final Thoughts

Being asked to write a statement, especially a sworn statement, for court can be a nerve-wracking experience. However, the process is actually quite simple with a little direction.

Writing a statement for court involves presenting your honest version of events in your own words. The statement should consist only of facts as far as possible, with no speculation or guesswork.

A statement of your identity should be given at the start of your statement, and it should conclude with a brief summary of your testimony.

If you have been asked to give a sworn statement or Affidavit, you will also need to write a title that includes the court caption and have the completed Affidavit notarized before signing it in the presence of a licensed witness.

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What is a Victim Impact Statement?

A Victim Impact Statement is a written or oral statement presented to the court at the sentencing of the defendant.  Many times victims, their family members, and friends of the victim participate in both written and verbal statements.  More often than not, numerous individuals write letters to the sentencing judge and only a few of those directly connected to the crime speak at sentencing.  Victim Impact Statements were created as an opportunity for the judge to hear how a criminal action has affected you and those that you love.  Victim Impact Statements are not limited to the courts.  Many times, probation or paroling agencies allow for an opportunity to present a statement as well.

How to Write a Victim Impact Statement?

As you are preparing your impact statement, you may find that using the following questions can guide you.  Remember that writing about your feelings may be very painful, so be sure to pace yourself and don’t feel that you need to have it “perfect”.  Be gentle with yourself and take as many breaks as you need.  As you are preparing your statement, you may find that the following questions can guide you:

• How did the crime affect you and your family?
• What was the emotional impact of the crime on you and your family?
• What was the financial impact on you and your family?
• Do you have any recommendations to the court about disposition (sentencing) of this case?
• Is there anything else you would like to tell the court?

The above guidelines do not cover the totality of the impact of crime, but may be used as a starting point.  Victim Impact statements are unique to you and people have various ways of expressing how crime has affected them.  Even though guidelines are typically given to you before sentencing, and there is much flexibility in how you present your statement, there are things you will need to take into consideration.

• Write simply and descriptively.  Your goal is to help the court feel your trauma. While nobody can truly understand what you are feeling, you can help others identify with your trauma by using feeling evoking words and phrases.  Using descriptive words can help people form an image of what you are saying.

Every morning when I wake up, I have to remind myself that my attacker won’t be able to hurt me today. If I don’t tell myself that I simply can’t get out of bed.  Since I was assaulted I have lost the full function of my right leg. I still have to go to the doctor for physical therapy and they fear that I still won’t be able to walk the same. I used to love to run, until my attacker took that away from me.  It hurts emotionally and physically to even make it to work in the morning. When I drive past the place that this all happened I try not to shake in fear.  I can’t sleep most nights without nightmares of my attacker. I so desperately want my life back. The life I had before he took my life away.

• Do address the judge, or paroling authority, when you speak.  You may want to talk directly to the offender.  If this is something you want to do, ask permission from the judge first.  You can still say what you need regarding the offender through the judge.
• Do ask permission if a picture is part of your statement.  More often than not this is allowed, but any visual aids you utilize will need permission from the court first.
• Do write out your statement in advance.  Presenting a statement is emotional.  You may think you know what you want to say but when the time comes, your emotions could take over and your train of thought is lost.  If this occurs, you can read directly from your statement.
• Do have an alternate person that can read your statement in case you cannot finish.
• Don’t directly express your anger toward the court or the offender.  Your goal is to express your hurt and your pain, not to blame.  The blame has already been placed on the offender, so now is the time to talk about what you have been experiencing through your loss.
• Don’t use unsuitable language, as it will diminish the effectiveness of your statement.
• Don’t describe what you want to happen to the offender in prison.  Please do not get descriptive about any harm you would like to see imposed.
• Don’t put personal, identifying information in your letter and do not say it verbally in court.  This includes your physical address, mailing address, email address and phone number.  The offender will be provided copies of all letters submitted.  If you state this out loud in court, it will be another opportunity for the offender to contact you in the future.

What Happens to my Victim Impact Statement?  Do I Have to Read it in Court?

Preparing and presenting an impact statement in court, or in front of a paroling or probation agency, can be intimidating.  If you do not think you can physically stand in front of the offender and read your statement, have an alternate in mind beforehand.  It does not matter who presents your statement as long as you have identified this person in advance.  Many times, victim advocates are asked to present impact statements.  It does not have to be a victim advocate, and should be someone you feel comfortable expressing your words. If you submit a letter, this will become part of the court file, the prosecutor’s file and defense file.  Victim Impact Statements can also be included in the offender’s Department of Corrections file.  It could be subject to public disclosure.  This is why it is essential to not include contact information in your statements, written or verbally.

Why Write a Victim Impact Statement?

It is not mandatory you write an impact statement.  This is a right you have but not one you have to participate in.  Many choose not to participate.  There are several reasons why Victim Impact Statements are beneficial.  The reasons stated below are just a few.

• The judge gets to hear your side of the story.  This is usually the first time this occurs.  Throughout the criminal justice process, the focus is on the offender.  Hearing from those that are affected by the crime puts a face with an often forgotten victim.
• You have a chance to tell the judge how you want sentencing to occur.  More often than not, cases conclude by a plea offer.  Many times the prosecutor and defense have agreed to a recommended amount of time.  The judge is not bound by that agreement.  You can make a difference in the amount of time an offender receives by speaking up.  This is true in cases that go to trial as well.
• You have the opportunity to address the court, and the offender by way of the court, about how the crime has affected you.  Many find this helpful in the journey of victimization.  Letting those know how they harmed you can be beneficial for emotional well-being.
• The impact statement becomes part of the offender’s permanent file.  It is a reminder of the harm they caused you.

***Please note, if you are not able to download the VIS samples below, please try a different web browser and/or clear your web history/cache. Thank you.

VIS Assault Example

VIS Vehicular Assault Example

VIS Assault Example - Spanish

VIS Vehicular Assault Example - Spanish

VIS Attempted Homicide Example

If you have any questions or would like help with a Victim Impact Statement please  contact us .

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• Writing Tips

How to Write a Court Letter (With Template)

4-minute read

• 1st June 2023

Sending a letter to court personnel is a serious matter, so if you need to write one, ensure it makes an impact and conveys your message well. In this post, we’ll discuss the reasons you might need to write a court letter, the essential information to include, and an example of what one might look like.

What Is a Court Letter?

A court letter, also known as a legal letter or court correspondence, refers to a written document used in legal proceedings. It’s a type of formal communication addressed to court personnel, such as a judge, attorney, or another party involved in a legal case.

Court letters can serve many purposes, including requesting information, providing evidence, or asking for consideration from the court. For example, you could write a court letter on behalf of a defendant to highlight their positive qualities prior to sentencing. Or you could write a letter to a judge to provide a positive context for a family member involved in a child custody dispute.

Due to their serious nature, court letters should always be written using a professional tone of voice . It’s important to convey your ideas clearly and concisely, and while the recipient won’t be expecting perfection, do your best to ensure your letter is free of grammatical errors, spelling mistakes, and typos.

What to Include in a Court Letter

Whatever the reason for your letter, include the following information:

●  Your contact information (name, address, telephone number, email address)

●  The date

●  The recipient’s name and the name of the court

●  A subject line stating what the letter will address (if in email form)

●  A greeting or salutation

●  Body content

●  A closing signature

Here’s a sample template for a court letter – it’s asking a judge to consider a specific claim, but it can be adapted to suit other purposes.

Court Letter Template

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[Your Name] [Your Address] [City, State ZIP Code] [Date]

[Judge’s Name] [Name of Court] [Address of Court]

[City, State ZIP Code]

Dear [Judge’s Name],

I am writing to bring your attention to a claim I have against [name of defendant] regarding [briefly describe the nature of the claim]. I am writing this letter in support of my claim and to request that the court consider my case.

On [date of incident], I [briefly describe what happened]. As a result of this incident, I have suffered [describe the relevant injuries, losses, or damages]. I have attempted to resolve this matter with [name of defendant] but have been unsuccessful in coming to a resolution.

I am requesting that the court hear my case and am seeking [describe the specific relief you’re seeking, such as monetary damages or a specific action by the defendant]. I have attached the relevant documents and evidence to support my claim.

Thank you for your time and consideration of this matter.

[Your Name]

Structuring Your Letter

As you can see above, the letter begins by formally stating the purpose for writing. The second and third paragraphs briefly and clearly describe the nature of the incident, its impact, and the desired outcome of the request. It ends by referring to supporting documents and evidence included with the letter.

If you’re writing on behalf of someone else, include your relationship with them (coworker, family member, etc.) and one or two examples that demonstrate their character to provide context for your claims.

If you’re unsure of the correct title to use for the salutation, look it up beforehand (on the court’s or law firm’s website). And when signing off, use a respectful closing signature, such as sincerely or respectfully , and your full, legal name (rather than a nickname).

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How to Write a Statement for Court: A Comprehensive Guide

Table of Contents

When you are asked to write a statement for court, it is essential to understand the gravity of the situation. Your statement can make a significant difference in the outcome of the case. A well-written statement can strengthen your case and help you win the case, while a poorly written one can damage your chances of winning. In this article, we will guide you through the process of writing a statement for court, step by step.

Understanding the Purpose of Your Statement

Before you start writing your statement, it is crucial to understand the purpose of the statement. Typically, the statement is written to support your side of the case. It is a written record of your testimony and your version of events related to the case. Your statement must be factual, accurate, and truthful.

Gathering Information and Evidence

The next step is to gather all the information and evidence related to the case. This includes any documents, photographs, or other evidence that supports your version of events. Make sure to organize the evidence and keep it handy while writing the statement.

Organizing Your Thoughts

Organizing your thoughts is crucial before you start writing the statement. Make an outline of what you want to say in your statement. Break down the outline into smaller sections, and make sure each section addresses a particular point related to the case. Use headings and subheadings to organize the statement.

see also Franklin County Municipal Court

Writing the Statement

Now that you have organized your thoughts and gathered the evidence, it is time to start writing the statement. Start by introducing yourself and your relationship to the case. Next, provide a brief overview of the case and the events leading up to the incident.

Make sure to present your facts in a logical sequence. Be concise and avoid using complex legal jargon. Write in a clear and simple language that is easy to understand. Use short sentences and avoid long paragraphs. Make sure to be factual, accurate, and truthful in your statement.

Editing and Proofreading the Statement

Once you have written the statement, it is time to edit and proofread it. Read the statement several times to check for any grammatical errors, typos, or inconsistencies. Make sure the statement is clear, concise, and well-organized.

Submitting the Statement

After editing and proofreading, it is time to submit the statement. Follow the instructions provided by the court regarding the submission of the statement. Make sure to submit the statement within the given timeframe.

see also How To File In Small Claims Court

Writing a statement for court can be a daunting task, but by following these steps, you can write a powerful statement that can make a significant difference in the outcome of the case. Remember to gather all the evidence, organize your thoughts, and present the facts in a clear and concise manner. With a well-written statement, you can strengthen your case and increase your chances of winning.

• What is a statement for court?

A statement for court is a written record of your testimony and your version of events related to the case.

• Why is it important to write a statement for court?

A statement for court can make a significant difference in the outcome of the case. A well-written statement can strengthen your case and help you win the case.

• How do I organize my thoughts before writing the statement?

Make an outline of what you want to say in your statement. Break down the outline into smaller sections, and make sure each section addresses a particular point related to the case. Use headings and subheadings to organize the statement.

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Preparing your Witness Statement for Court: step by step (with template)

When you have to make a witness statement for court, you can avoid slip-ups.

Slip ups in witness statements make your life harder. They force you to take steps to defend what you say in court.

That might be avoidable.

Getting it right the first time has other advantages.

Avoiding mistakes gets you into a position to focus on advancing your own case. Structure your witness statements properly and cover what needs to be covered.

Below, we give some suggestions on how to prepare witness statements. We also give the low down on some of the processes that courts are likely to go through to assess and verify what you say in your witness statement.

We've also included a template witness statement below to get you started.

What are witness statements?

Witness statements are formal court documents.

They're made by witnesses to:

• set out evidence to prove the facts alleged by a party in the particulars of claim , defence or other statement of case
• in civil disputes, satisfy the burden of proof , which is on the balance of probabilities .  

Witness statements:

• are the main way courts receive evidence
• may be made for the purposes of supporting an application for interim relief (such as an injunction) or relied on at the trial in court disputes
• have the same general form in civil proceedings in England, whether they are used in disputes relating to contracts, work, car accidents, or disciplinary proceedings.

It's important to get right the first time (or as right as possible), because when they are signed, they're supported by a statement of truth .

First, the basics.

Then we show how witness statements are tested and challenged.

Contents of witness statements

If you are making a witness statements it should:

• be written in your own words, in the first person
• state facts within your personal knowledge, and if not
• specify the source of the information or belief is not within your direct knowledge
• not give opinions, unless you’re an expert
• exhibit documentary evidence to support the statements made
• follow the chronological order of events
• use numbered paragraphs so that different parts of it can be referred to quickly and easily.

It should include all the evidence that you are able to give to assist the court decide the case. More on this later under the heading, "Testing your Witness Statement".

Format wise, statements should be printed on a single side of A4 paper, and have a left margin of 35 mm. (We’ve been using 20 mm margins for years, and have never been criticised for it).

The conclusions and opinions that I come to below is sourced from a wide variety of disputes in civil proceedings. I don’t pretend that there is only one way to draft a witness statement. Each witness statement will depend upon the circumstances in which is it is required.

What is clear is that you need to think through what you say your witness statement, and the corroboration that you can use to support what you say. It will give you more credibility and make it harder to criticise what you say in your witness statement.

There are at least two ways that you can prove what you say. You can:

• produce evidence that directly supports what you say. For instance, if you say a company exists, you would exhibit a page from the relevant Register of Companies in your statement, from here; or
• produce evidence which tends to show what you say is true. Let's say you wanted to prove that you were in a particular place at particular time. You could produce credit card statements showing that you bought something from a shop near the venue, or a WhatsApp conversation which shows communications with the person you were about to meet, that you were running late.

When are witness statements used?

Witness statements are a fundamental tool in the civil justice system.

There are only 3 ways to for the court to receive evidence. Witness statements (and affidavits with them), oral evidence (in cross-examination and re-examination) and by judicial notice.

Courts use the evidence filed to decide issues:

• at the trial: The trial takes place after all of the preparation been completed. All of the parties, their witnesses, their experts (if any) come to court for the dispute to be heard and decided by the judge. At the trial, the witness statements prepared for the trial will almost always include "lay witness statements" (lay evidence). Lay evidence is just evidence which is not expert evidence. Expert evidence is given in the form of witness statements by people specially qualified to assist the court decide technical issues. Experts in a case could include IT experts, doctors, engineers, quantity surveyors or mechanics. They are qualified to give opinions in the areas of their expertise.
• Freezing Orders: preserve property pending the trial
• Search Orders: preserve evidence pending the trial
• Quia Timet Injunctions: prevent continuation of unlawful conduct pending the trial
• strike out applications
• summary judgment applications
• setting aside default judgment

The form of witness statements

First page: case title.

Witness statements have a prescribed form. Witness statement should set this information out on the first page:

• the title of the proceedings
• the name of the person making the statement
• the party to the proceedings on whose behalf the statement was made
• the exhibits made in conjunction with the witness statement
• the date it was made
• the number of witness statement of the witness making the witness statement.

The case title makes it clear on the first page the legal proceedings witness statement is made for, and who made it.

Section: Identifying yourself

Following the case title comes a statement identifying the deponent - the person signing the witness statement.

It has a prescribed form:

"I, [name], [occupation], of [address] will say as follows:"

If the witness statement is made in a business capacity, the address should be your work address. Otherwise it is your home address.

If you are unemployed or retired, those words replace the space provided for the "occupation" of the person.

Why does it say, " will say as follows"? Aren’t I saying it now, when I sign it?

Good question.

Court procedure in England changed in about 2000. Prior to that, witness statements were not prepared before the trial. The witnesses just showed up and gave oral testimony in person. That would be the first the other party ever heard what the witness would say.

Each party had their own witnesses which they would call to court to give evidence in their favour. Their oral testimony for the party that calls them is known as their "evidence in chief". After they gave their evidence in chief, the opposing party would then have an opportunity to cross-examine them.

After cross-examination, the party that called them would have another opportunity to ask them questions. This was done to clarify anything that came up during cross-examination. This is known as re-examination.

This process still applies but witness statements replace evidence in chief given by oral testimony. Witnesses now give their evidence in chief in witness statements. When you appear at court, you are called for cross-examination.

Section: Preliminaries

Source of evidence.

Well drafted witness statements commence with a statement confirming the source of the evidence given. And then stand by it.

It usually has words like:

The facts set out in this statement are within my own knowledge save where I state otherwise. Where I refer to facts that are not within my own knowledge I will give the source of my knowledge of those facts.

Except where I indicate to the contrary, the facts and matters contained in this witness statement are within my own knowledge. Where the facts are not within my own knowledge, I have identified my sources of information or belief.

Different words, same effect and message. You’ll want to make sure you stand by it in your statement.

It serves as a reminder what of evidence should be given, and what shouldn’t - or can't - be given.

It may sound trivial. It's not. 

In one case, words similar to those above were used in witness statements. But the witness statements didn't stand true to the statement.  In Starbucks  v British Sky Broadcasting Group , the Judge said:

• Despite [using words similar to the words in blue above], some of [the] statements contained information that, as she readily acknowledged during cross-examination, was not within her own knowledge, but without making this clear or stating the source of the information. This is a breach of CPR PD32 18.2 [...]. [I]t inevitably causes unnecessary difficulties for the witness when cross-examined .
• [...] The fault lies with the solicitors who drafted the witness statements. [...] This slipshod approach to the preparation of witness statements must cease. 

Those "difficulties" translate to being asked in cross-examination:

• whether the witness statement as a whole contains the whole truth
• whether there are any other parts of the witness statement which aren't true
• getting you on the back foot, and unsure of yourself when you're under pressure.

Where the source of the information or belief is not provided, it's likely to lead to the evidence given being (at least) heavily discounted and perhaps excluded from evidence which the court is prepared to consider altogether. 

If it's not within your direct knowledge: you didn't see it or experience it, it's hearsay evidence, and of little weight at all.

The purpose of using the wording at the beginning of a witness statement is, in a way, to remind witnesses of the limits of the evidence they can give, and:

• protect you from one of the harsh technicalities of the law, and
• preserve your credibility in the witness box.

Introducing the Deponent - You

Next, introduce yourself, in brief – in one or two sentences. Say who you are, and your background. Some people like to start the narrative (see below) to introduce themselves. Making a brief statement here, and then expanding on it in the narrative section (if necessary) might work better.

Also, this preliminaries section is:

• a good place to say you are related to any of the parties, such as "I am an employee of the Claimant" or "I am the brother of a director of the defendant", if you are, and
• a handy place to define terms and abbreviations that will be used throughout the witness statement, if there are any.

Section: This Witness Statement

It's a good idea to explain why the statement is being made, or the purpose the witness statement is being made early on. This is the place to do it.

Although it may be obvious, your witness statement may be one of many in the legal proceedings.  State why the witness statement has been prepared. You will also save the judge some aggravation by having to work it out for themselves.

This may be a statement that it is made in support of an application notice, in response to an application, or for the trial.

Section: Exhibits

You will often need to refer to documents upon which you rely to state the facts that you state.

If documents are exhibited, it is a good idea to introduce them at this stage.

Also, it is usually a good idea to group exhibits by categories and make separate exhibits for each category.  If they are dated, put them in date order within each exhibit.

See also the heading "Exhibits" below for guidance to arrange them.

If there is one exhibit, it could be introduced with words like:

There is now produced and shown to me a paginated bundle of relevant documents marked [exhibit reference] which I will refer to in the course of this statement in the format "[exhibit reference] / page number".

Where there is more than one exhibit, it is a good idea introduce the contents of each exhibit with a summary of its contents.

More on that further down.

Section: The Narrative

This is the business end of the witness statement. Having set out the context of your witness statement, the reason why it was written, the documents that will be referred to, it is time to tell your story.

Everyone drafts witness statements differently. To make it easy to read:

• Use short sentences and paragraphs, where possible
• Keep it as concise and to the point as possible
• Use correct capitalisation and punctuation
• Avoid huge blocks of text
• It's OK to introduce documents and explain them if they need it, but don't provide extensive commentaries or opinions. That is for arguments to be put to the judge at the hearing.

In this narrative, you're telling your story.

You can only give evidence of what is in your personal knowledge. It helps to have documents which back it up. The exceptions include when someone has told you something, and you believe it. Again, preferably with documents, such as emails or instant message transcripts, if they exist.

It really is difficult to overemphasise the importance of making it clear that facts of information and belief (and not within your own personal knowledge), indicating the source for any matters of information and belief. It's an important distinction to make, because one is direct evidence, the other is not.

Other things to bear in mind:

• If you refer to someone, introduce them by giving their full name and position or role with their employer, or some other description to explain why you are mentioning them
• If you refer to a company or incorporated legal entity, state its full name, address and the sort of business it is engaged in (software developers, mechanics, consultants or suppliers as the case may be)
• If you have any doubts or reservations about what you say, state them. You don’t want to be accused of misleading the court by leaving a false impression.

If possible, include answers to questions that you are likely to be asked by someone reading your statement. You’re likely to be asked in cross-examination anyway in due course.

Section: The Ending – The Statement of Truth

Witness statements have to be signed with a statement of truth . The statement of truth for witness statements 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.

Statements of truth verify that you believe the facts stated in the  document to be true and accurate: you have an honest belief in the truth of what you say.

You sign and date the witness statement under the statement of truth.

The capacity of the person making the witness statement should be made clear.

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. 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. ........................................ 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. 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. [signed] ........................................ Ralph Rogers [Director] [Chief Operating Officer] for the [Second] Defendant [date]

The exhibits should be completed, printed and in front of you, with the witness statement at the time that you sign it. Sure you can do it electronically.

But you'll want the exhibits to be in a single document (usually a PDF), paginated and with the exhibit coversheet so that there can be no confusion about what the exhibits contain. We prefer to print everything and then scan everything after it's all signed. It's a safer approach to avoid muddling the order of documents. 

Nothing should be changed in the document after you sign it. If you want to make changes, you should re-prepare another version for signing and sign it all over again.

Before you serve it. 

The consequences of signing a witness statement or other document verified by a statement of truth -  without a genuine belief in the truth of what is said in it  - are well, serious. 

Changing your witness statement

After you finish and sign your statement, your recollection may change. You need to consider whether you need to put in another witness statement to avoid the other party – and the court – being misled by your witness statement. The changed evidence should be part of a further witness statement, which is served on the other parties.

Statements of truth used for expert evidence differ. The reason is that experts owe an overriding duty to the court. More on that below.

Preparing Exhibits to Witness Statements

Documents which are referred to in a witness statement are organised into one or more exhibits. They are part of the witness statement, although the exhibits may not be attached to it. When you sign the witness statement, each exhibit should be:

• have numbered pages (bottom right-hand corner; "1", "2", "3" and so on), or even better [Exhibit Reference] / [page number], and
• have an exhibit cover-sheet.

The numbered pages allow you to refer to page numbers of the exhibit in your witness statement. You can find the page to the exhibit in your witness statement at hearings quickly.  It is better for both you and the judge (which is the person you’re trying to impress). An index to exhibits really helps as well when they contain many documents, because it helps locate individual documents in large exhibits.

If there are many documents and they can be categorised, they really should be split up into different exhibits. 

Suppose a person named Ralph Rogers makes a witness statement. It has 3 exhibits. Let's say it's his second witness statement. His first witness statement had two exhibits, "RR01" and "RR02".

The exhibits to his second statement would be marked "RR03", "RR04" and "RR05". Each would be stapled separately or put into a folder where there are lots of pages which are too big to be stapled.

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.
• 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.

Finally, at the same time you sign the statement of truth, you must verify that each exhibit is authentic. You do so by signing (or writing and signing) a statement on the exhibit cover sheet.

The statement usually says:

I verify that this is the exhibit marked '[exhibit reference]' to my [number] witness statement dated [date].

By the way, it's a good idea to spell out the date, rather than use the format "04/05/[year]". You'd use "4 May [year]". 

Writing a Good Witness Statement

The importance of 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. 

For instance, suppose you are in a case where the other party alleges that you misappropriated their confidential information , and then used it to make a copy their invention.

In this hypothetical, you didn’t. You made it yourself, independently of the other party over a period of months or years.

To make out your defence, you need a witness statement for trial. The court will be interested to find out how you developed your own invention. It would make sense to cover the development process, step-by-step over time.

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. Then you released the minimum viable product and did marketing, testing and received some feedback. And it was after that was the first you heard of the claimant: when they wrote to you claiming that you'd copied their invention.

Bare statements of fact setting out a chronology of events is, well, better than nothing. But it has little weight. There is no independent evidence to support what you say.

Documentary Support for Witness Statements

Let’s say that after you prepare that basic chronology, you go off to your archives. You start looking for documents and materials which support what you say.

Like emails and notes that show the timing of events in the development.

Here’s what you mind find:

• notes of your observations of testing, results of failed tests, notes for improvements
• performance results from proofs of concepts
• versions of the invention
• email communications with potential suppliers
• discussions with others in the market
• social media posts
• photographs of materials used in your research
• contracts with suppliers engaged
• photographs from trade shows

This sort of evidence is "relevant" because it shows – or tends to show – that you were developing and did develop the invention independently of the person who says you didn't.

Think about it.

If evidence of this sort is included, your witness statement moves from being an unsupported story, to one backed by evidence which holds its own weight. And a good arguable defence.

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 .

Often a story can be told and details are left out for brevity or impact. Witness statements are not the place to do this. If you know anything and it is left out, which leaves what is said in the witness statement untrue or misleading, you really do need to include the extra information.

You need to be able to stand by the statement and tell the truth, the whole truth and nothing but the truth. Crime dramas might have made this sound a bit stale, tied or a bit worn.

You need to re-sensitise yourself to the truth when you are preparing your witness statement.

To get a sense of how courts treat misleading information, check out this article on clean hands .

Self-contained

Ideally, the reader of your witness statement shouldn’t have to refer to any other document to understand your witness statement.

This doesn’t mean duplicating copies of documents across multiple witness statements. For instance, it’s usually quite OK to refer to documents exhibited to someone else’s witness statement.

If any jargon or industry specific language needs to be used, it should be explained succinctly.

So if you need to refer to say, software-as-a-service, you might add that it is services delivered by software from a central server in a web browser, where the user does not have a locally installed copy of the software.

Proofing your Statement

Hopefully, you will not find yourself in a position where you need to sign your witness statement on the same day that you have to file and/or serve it. You're better off if you plan to have a final version ready for proofing 7 days before it needs to be filed and/or served. 

When you are reading over your statement, try to spot ambiguities and gaps in reasoning or the flow of the statement. If there are gaps, fill them in so that each step follows logically and sensibly from the previous statement (or heading). 

If you've told the story - the narrative - in the sequence that they took place (ie chronological order), they'll be obvious.

Don't think that if you mix up the order of events that the other party won't spend time finding the gaps and inconsistencies. Assume that effort will be made, because cross-examination is truly devastating to a witnesses' credibility: ie "believability".

Opinion Evidence

Some straight-talking.

Court decide facts based on the evidence, on the balance of probabilities . Witness statements are used to prove facts which are alleged in statements of case. 

It is not for witnesses to express opinions or arguments. Sure explain the evidence presented if it does not make sense.

One of the unique features of courts is that the judges form their own view from the evidence, and decide the facts. The advocate - usually a barrister if the other party is legally represented - present arguments to the judge based on the evidence before the court. They also make submissions on glaring omissions and inconsistencies in witnesses' evidence.

You really do devalue your witness statement when you state opinions.

If a court needs an opinion, it will make orders in case management directions for the parties to have a qualified expert to receive relevant evidence from the parties and prepare a formal expert report. In that report, the expert may express a reasoned opinion based on the evidence set out in the report.

Otherwise, some courts have some tolerance for opinions. You'll want to make sure the opinion is supported by what you say in your witness statement. This is so that opinion can be proved - or at least demonstrated - objectively.

So your witness statement is not the place for:

• personal opinions
• prejudicial comments criticising others
• opinions on the issues in dispute in the court proceedings, which the court needs to decide.

Try to avoid giving opinions unless you are formally qualified to give one, and it is objectively provable.

The Trial: Some Context

The more important witness statements in legal proceedings are used at the trial. There's a lot to think through and do if you're representing yourself in court.

When you are to appear at the trial as a witness though, you're usually invited to sit in court and listen to the evidence of the other witnesses.

If however some unfair advantage might be obtained – or perceived to be obtained – you might be asked wait outside court until you are called to give evidence.

Above, we mentioned the old procedure of giving evidence in chief orally.

You are at court to be asked questions about what you have said in your statement to assist the court arrive at the truth.

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. If you start to advocate your own case or take a side, everyone notices.

All witnesses are still sworn in today. Part of the oath or affirmation are the words, that the evidence you will give will be "the truth, the whole truth, and nothing but the truth".

Let’s break this down:

• the truth: Simple. Tell the truth.
• the whole truth: Don’t leave anything out that would make your evidence misleading. For instance, if you were told that something happened and didn’t see it yourself, say so.
• nothing but the truth: Don’t twist anything to give the wrong impression.

And so it should be with your witness statement.

Witness statements are taken as the evidence in chief of the witness at the trial unless the court orders otherwise. Evidence in chief is the evidence that the witness gives in support of the case of the litigant for whom the statement was made.

At the trial, witnesses are usually limited to speaking to matters referred to in their witness statement, unless there is a good reason to expand upon those matters.

Witnesses are required to attend court for cross-examination by the opposing parties in the litigation if required to do so by the court or the opposing parties. Where witnesses do not appear for cross-examination, the evidence is treated as hearsay evidence and of no value or weight.

Cross-examination may relate any matter that the witness is able to deal with in respect to the issues in dispute in the litigation and your credibility.

As such, cross-examination is not limited to matters referred to in the witness statement – including statements made outside court which are inconsistent with the evidence given in the witness statement.

When you are questioned in court

The dynamic in court is this.

Barristers ask you questions.

The barrister is really asking questions on behalf of the judge. So when the barrister asks you questions, you look at them.

When you answer the question, you look at the judge.

Once you've completed answering the question, you look back at the person asking you the questions.

• 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

You may wonder how courts assess witness statements and your performance in court.

There are a few established and fundamental principles on how courts go about testing witness statements and the evidence given by witnesses.

Credibility of Witnesses

One of the central concepts here is credibility.

Where a witness maintains their credibility, they are more likely to be believed. Witnesses are assessed in the same way the evidence presented in their witness statement (ie scrutinised to the nth degree) and their performance in the witness box under cross-examination.

Again, the court’s overall job is to decide the truth.

Courts have long recognised that it is difficult to tell whether a witness is telling the truth or not. Courts can take into account any material before the court, and the behaviour of the witness in court.

Judges do this for a living. They are good at it.

Common-sense also plays a large part when assessing a witness, especially where there is a conflict in the evidence. A witness’s motives and overall probabilities of what they say also plays a large part: Robert Goff LJ in  The Ocean Frost ( Armagas Ltd v Mundogas SA [1985] UKHL 11) .

And then, the barristers will be able to make comments on any witness’s performance in the witness box in closing submissions, long after the witness has left court.

Basic methods of checking evidence which are likely to take place include:

• independently provable facts: What you say against will be checked against facts and events which are provable independently of what you say. 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.
• considering the overall probabilities of what you say: The more unreal and far-fetched your statement of fact, the better your evidence needs to be to prove it. 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. Is it more likely that your story (or part of it) took place, or another person’s version of events on the evidence available? Or none of them?
• supporting evidence for serious allegations: This is an extension of what is said above, or a special case. 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. In the case of In Re Dellow’s Will Trusts [1964] 1 WLR 451 it was said, "The more serious the allegation the more cogent is the evidence required to overcome the unlikelihood of what is alleged and thus to prove it".
• whether the witness has lied in respect of a particular part of the case or all of the evidence given
• it may be that the entire case is a lie
• witnesses may lie in "a stupid attempt" to bolster a case.
• cross-examination: Witnesses must be challenged with the other side's case the other side disagrees with the evidence given. This involves putting the case positively, such as "you knew that the traffic light was red, and not green as you say here, don’t you?". 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.

For these reasons, if your view is inconsistent or at odds with documents before the court, you are likely to be asked questions about it.

This is probably the most important part of cross-examination.

The more serious or outlandish the allegation, the better the evidence needs to be. Trivial or inconsequential statements in evidence are less likely to require documentary support.

If a fact or event is in issue (ie the parties disagree), documentation is likely to be essential. Then documentation created at the time of the event is almost invariably more valuable than documentation created after the event.

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.

Disputes & Litigation Solicitors

We are experienced civil and commercial civil disputes solicitors , that have been tasked with preparing witness statements and affidavits for applications for interim injunctions and trials in business disputes.

We've seen - and orchestrated - destabilising witness evidence, and picking apart the credibility of witnesses in civil matters. 

As a commercial litigation law firm, we've advised clients on civil lawsuits in many areas of law, including intellectual property, commercial contract disputes, trademarks, trade secrets & fraud claims.

If you're headed for the trial as a witness in a civil dispute or an expert asked to give evidence, or are likely to receive unwelcome questions about what is said in your witness statement, contact us on +44 20 7036 9282 or [email protected] for support to sort out your witness statement to:

• help check it over before you sign it
• minimise the potential of harsh cross-examination
• assess the credibility of your evidence, and how it can be improved 
• check whether you've gone too far in what you've said, or
• need to recover from a position that you'd prefer not to be in. 

It may be that you'd prefer to talk through giving evidence, what to look out for and the tricks of the trade in cross-examination that can catch you out. 

Although we can't tell you what you should say or not say to a court, a better informed witness is usually a better witness for the party you give evidence for.

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.

These used to be called subpoenas. A witness summons compels the witness to attend court to either:

• give oral evidence, or
• produce documents to the court.

2.      What can happen if you do not go to court?

It would be a contempt of court not to appear on the date specified in a witness summons.

Also, if you still do not appear, you may be ordered to pay the costs wasted by the parties for your failure to appear. Where the parties are legally represented, sum is likely to be significant.

3.      Are witness statements confidential? 

Once your witness statement is served , it may only be used for the legal proceedings for which it is produced.

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.

4. Are Witness Statements on the Public Record?

The short answer is: almost. 

Witness statements are accessible by parties to proceedings by making an application to the court to inspect the Court's file. In the High Court, these sorts of applications are heard by a Master.

The situation is different with persons who are not parties to the specific proceedings. This includes interested third-parties, newspapers, reporters and journalists.

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.

Witness statements, communications between the parties, and the parties and third parties are available for production from the public record provided the court gives permission.

An application notice must be filed to obtain that permission. A hearing is likely to be required.

A party and/or any person named in a witness statement may apply for an order that production of the witness statement is:

• not available to person who is not a party to the proceedings
• restricted to specified classes of person or named persons  
• subject to removal, redaction or otherwise edited in accordance with the order of the court prior to production

In every case, the court will want to know why the application is made, and most likely what uses to which the witness statement will be put, if access is granted. 

5.      Who gets to see witness statements?

Firstly, the party that asked you to prepare the statement will have a copy. If they are legally represented, their solicitors will see it. If they have a barrister, they will see it too.

If there are other witnesses, it may be that they shown your witness statement. Then the party that asked you to prepare it will see it.

It may be that your witness statement is relevant to an expert report which an expert needs to prepare for the trial. The expert would also receive a copy.

As part of the preparation for trial, case management directions are made early in the case.

These case management directions set the timetable for different stages, usually up to the trial. The trial is when the solicitors, witnesses and expert witnesses appear before a judge so that the case heard and the judge can decide the case.

The case management directions will require the parties to exchange witness statements. A date is fixed for exchange in the case management directions. At that stage the other side will receive a copy. If the other side is represented their solicitors, barrister and perhaps an expert may also see it.

When you appear at the trial for cross-examination, the judge will also have a copy. 

The Civil Procedure Rules also provide that a party must have copies of witness statements available for members of the public. This is so that the public are able to follow what happens in court. So, members of the public may also receive a copy.

6.      What if a witness statement is not signed?

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.

That means that the statements made in the witness statement could not be relied upon for the truth of what is said in the witness statement.

Courts also have the power to order the witness to verify the document with a statement of truth.

7.      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.

In all other proceedings, witness statements are perfectly acceptable, unless a judge directs that affidavits be filed (with the court) and served (on the other parties). 

8.      Can a witness statement be signed electronically?

The short answer is yes. Or at least: we've never had a problem with electronic signatures.

However, a proper procedure should be adopted so that if anyone questions whether the witness statement was signed properly.

The process should be verifiable – to show that the witness signed the statement (rather than somebody else). An email trail which shows that process of signing helps.

It goes without saying that if the witness statement was signed, no changes should be made to it after it is signed. It should be re-made, although there is a procedure to hand-mark edits. It's not a recommended course.

We've seen witnesses cross-examined on witness statements which have been changed, or revised in further witness statements after they've had a "re-think".

It’s not pretty, if you're on the opposing side.

9.      Can you withdraw or retract a witness statement?

Once a witness statement is approved by signing the statement of truth, it is your witness statement. It is your responsibility as deponent to ensure that your evidence is truthful.

Keeping to the suggestions above can help steer clear from problems preparing it in the first place, but in the final analysis the witness is responsible for what they endorse with a statement of truth.

If you have any reservations about your witness statement it should be revised before you sign it. This also applies when there is anything misleading in your witness statement.

It's the court’s job to arrive at the truth.

If you have made a witness statement and no longer wish to give evidence, see the comments above on witness summonses.

10.      What is a Lay Witness Statement?

These are sometimes referred to witnesses of fact.

Although it sounds silly, "lay evidence" and "lay witness statements" is evidence given by a person who is not appointed as an expert witness in the proceedings. 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 35 . 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 .
• "lay evidence" is given by a person who is not an expert for the purposes of the proceedings. 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.

You can't be an expert in your own case involving work which is the subject of the legal proceedings. That's because you would be perceived to be biased (even if you aren't).

Suppose you have a friend who is a civil engineer.

Your friend wants you to give evidence as an expert in his case. You can't (or at least shouldn't accept the appointment), because you wouldn't be seen to be independent of your friend, because of your prior relationship.

11.      What is Expert Evidence?

Lay witnesses have a limited ability to give opinions in their evidence. For the most part opinion evidence is inadmissible. It is likely be challenged by the other party, simply because lay witnesses are not qualified to give opinions in court.

While there may be some leeway on the general rule, sometimes it's best just to leave it out. The facts stated in your statement should speak for itself. Let the qualified experts give their opinion if the court wants it.

Experts have greater and overriding responsibilities to the court when they give evidence.

Although they give evidence for party that briefs them, experts owe an overriding duty to the court, and should confirm that they have done what they are meant to, in addition to the statement of truth .

Those responsibilities transcend any perceived obligations to the party for which they give evidence.  See Phillips v Symes (2004). 

12. Is a Witness Statement a Statement of Case?

Statements of case are prepared by parties to allege facts of the case on which they rely to succeed in their legal claim: their cause of action . 

Witness statements are there to proof the facts of alleged in the statement of case .

When a statement of case is signed - endorsed with a statement of truth - the statement of case can be used as evidence of any of the matters set out in it.

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. If an issue is dispute between the parties, a judge will be looking to receive independent evidence from the party to satisfy the burden of proof.  Not rely on what is said in a statement of case.

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:

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How to Write a Personal Statement (with Tips and Examples)

Hannah Yang

Table of Contents

What is a personal statement, 6 tips on how to write a personal statement, personal statement examples (for college and university), faqs about writing personal statements, conclusion on how to write a personal statement.

How do you tell someone who you are in just a few hundred words?

It’s certainly no easy task, but it’s one almost every college applicant must do. The personal statement is a crucial part of any college or university application.

So, how do you write a compelling personal statement?

In this article, we’ll give you all the tools, tips, and examples you need to write an effective personal statement.

A personal statement is a short essay that reveals something important about who you are. It can talk about your background, your interests, your values, your goals in life, or all of the above.

Personal statements are required by many college admission offices and scholarship selection committees. They’re a key part of your application, alongside your academic transcript, standardized test scores, and extracurricular activities.

The reason application committees ask you to write a personal statement is so they can get to know who you are. 

Some personal statements have specific prompts, such as “Discuss a period of personal growth in your life” or “Tell us about a challenge or failure you’ve faced.” Others are more open-ended with prompts that essentially boil down to “Tell us about yourself.”

No matter what the prompt is, your goal is the same: to make yourself stand out to the selection committee as a strong candidate for their program.

Here are some things a personal statement can be:

It can be funny. If you have a great sense of humor, your personal statement is a great place to let that shine.  

It can be vulnerable. Don’t be afraid to open up about hardships in your life or failures you’ve experienced. Showing vulnerability can make you sound more like a real person rather than just a collection of application materials.  

It can be creative. Candidates have got into top schools with personal statements that take the form of “a day in the life” descriptions, third-person short stories, and even cooking recipes.

Now we’ve talked about what a personal statement is, let’s quickly look at what a personal statement isn’t:

It isn’t a formal academic paper. You should write the personal statement in your natural voice, using first-person pronouns like “I” and “me,” not in the formal, objective language you would use to write an academic paper.

It isn’t a five-paragraph essay. You should use as many paragraphs as you need to tell your story instead of sticking to the essay structure you learned in school.

It isn’t a resumé. You should try to describe yourself by telling a clear and cohesive story rather than providing a jumbled list of all of your accomplishments and ambitions.

Here are our top six tips for writing a strong personal statement.

Tip 1: Do Some Serious Self-Reflection

The hardest part of writing a personal statement isn’t the actual process of writing it.

Before you start typing, you have to figure out what to write about. And that means taking some time to reflect on who you are and what’s important in your life.

Here are some useful questions you can use to start your self-reflection. You can either answer these on your own by writing down your answers, or you can ask a trusted friend to listen as you talk about them together.

What were the key moments that shaped your life? (e.g. an important friendship, a travel experience, an illness or injury)

What are you proud of? (e.g. you’re a good listener, you always keep your promises, you’re a talented musician)

How do you choose to spend your time? (e.g. reading, practicing soccer, spending time with your friends)

What inspires you? (e.g. your grandmother, a celebrity, your favorite song)

Doing this self-reflection is crucial for figuring out the perfect topics and anecdotes you can use to describe who you are.

Tip 2: Try to Avoid Cliché Topics

College application committees read thousands of personal statements a year. That means there are some personal statement topics they see over and over again.

Here are a few examples of common personal statement topics that have become cliché:

Winning a tournament or sports game

Volunteering in a foreign country

Moving to a new home

Becoming an older sibling

Being an immigrant or having immigrant parents

If you want to make a strong impression in the application process, you need to make your personal statement stand out from the crowd.

But if your chosen personal statement topic falls into one of these categories, that doesn’t necessarily mean you shouldn’t use it. Just make sure to put a unique spin on it so it still delivers something the committee hasn’t seen before.

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Tip 3: Show, Don’t Tell

One common mistake you might make in your personal statement is to simply tell the reader what you want them to know about you, such as by stating “I have a fear of public speaking” or “I love to cook.”

Instead of simply stating these facts, you should show the committee what you’re talking about through a story or scene, which will make your essay much more immersive and memorable.

For example, let’s say you want the committee to know you overcame your fear of public speaking. Instead of writing “I overcame my fear of public speaking,” show them what it was like to be onstage in front of a microphone. Did your palms get clammy? Did you feel light-headed? Did you forget your words?

Or let’s say you want the committee to know you love to cook. Instead of writing “I love to cook,” show them why you love to cook. What’s your favorite dish to cook? What does the air smell like when you’re cooking it? What kitchen appliances do you use to make it?

Tip 4: Connect the Story to Why You’re Applying

Don’t forget that the purpose of your personal statement isn’t simply to tell the admissions committee who you are. That’s an important part of it, of course, but your ultimate goal is to convince them to choose you as a candidate.

That means it’s important to tie your personal story to your reasons for applying to this specific school or scholarship. Finish your essay with a strong thesis.

For example, if your story is about overcoming your fear of public speaking, you might connect that story to your ambition of becoming a politician. You can then tie that to your application by saying, “I want to apply to this school because of its fantastic politics program, which will give me a perfect opportunity to use my voice.”

Tip 5: Write in Your Own Voice

The personal statement isn’t supposed to be written in a formal tone. That’s why they’re called “personal” statements because you have to shape it to fit your own voice and style.

Don’t use complicated or overwrought language. You don’t need to fill your essay with semicolons and big words, unless that’s how you sound in real life.

One way to write in your own voice is by speaking your personal statement out loud. If it doesn’t feel natural, it may need changing. 

Tip 6: Edit, Edit, Edit!

It’s important to revise your personal statement multiple times in order to make sure it’s as close to perfect as possible.

A single typo won’t kill your application, but if your personal statement contains multiple spelling errors or egregious grammar mistakes, you won’t be putting your best foot forward.

ProWritingAid can help you make sure your personal statement is as clean as possible. In addition to catching your grammar errors, typos, and punctuation mistakes, it will also help you improve weaknesses in your writing, such as passive voice, unnecessary repetition, and more.

Let’s look at some of the best personal statements that have worked for successful candidates in the real world. 

Harvard Personal Statement Example

Love. For a word describing such a powerful emotion, it is always in the air. The word “love” has become so pervasive in everyday conversation that it hardly retains its roots in blazing passion and deep adoration. In fact, the word is thrown about so much that it becomes difficult to believe society isn’t just one huge, smitten party, with everyone holding hands and singing “Kumbaya.” In films, it’s the teenage boy’s grudging response to a doting mother. At school, it’s a habitual farewell between friends. But in my Chinese home, it’s never uttered. Watching my grandmother lie unconscious on the hospital bed, waiting for her body to shut down, was excruciatingly painful. Her final quavering breaths formed a discordant rhythm with the steady beep of hospital equipment and the unsympathetic tapping hands of the clock. That evening, I whispered—into unhearing ears—the first, and only, “I love you” I ever said to her, my rankling guilt haunting me relentlessly for weeks after her passing. My warm confession seemed anticlimactic, met with only the coldness of my surroundings—the blank room, impassive doctors, and empty silence. I struggled to understand why the “love” that so easily rolled off my tongue when bantering with friends dissipated from my vocabulary when I spoke to my family. Do Chinese people simply love less than Americans do?

This is an excerpt from a personal statement that got the applicant admitted to Harvard University. The applicant discusses her background as a Chinese-American by musing on the word “love” and what that means within her family.

The writer uses vulnerable details about her relationship with her grandmother to give the reader an understanding of where she comes from and how her family has shaped her.  

You can read the full personal statement on the Harvard Crimson website.

Tufts Personal Statement Example

My first dream job was to be a pickle truck driver. I saw it in my favorite book, Richard Scarry’s “Cars and Trucks and Things That Go,” and for some reason, I was absolutely obsessed with the idea of driving a giant pickle. Much to the discontent of my younger sister, I insisted that my parents read us that book as many nights as possible so we could find goldbug, a small little golden bug, on every page. I would imagine the wonderful life I would have: being a pig driving a giant pickle truck across the country, chasing and finding goldbug. I then moved on to wanting to be a Lego Master. Then an architect. Then a surgeon. Then I discovered a real goldbug: gold nanoparticles that can reprogram macrophages to assist in killing tumors, produce clear images of them without sacrificing the subject, and heat them to obliteration. Suddenly the destination of my pickle was clear. I quickly became enveloped by the world of nanomedicine; I scoured articles about liposomes, polymeric micelles, dendrimers, targeting ligands, and self-assembling nanoparticles, all conquering cancer in some exotic way. Completely absorbed, I set out to find a mentor to dive even deeper into these topics. After several rejections, I was immensely grateful to receive an invitation to work alongside Dr. Sangeeta Ray at Johns Hopkins.

This is the beginning of a personal statement by Renner Kwittken, who was admitted into Tufts University as a pre-medical student.

Renner uses a humorous anecdote about being a pickle truck driver to describe his love for nanomedicine and how he got involved in his field. You can feel his passion for medicine throughout his personal statement.

You can find Renner’s full essay on the Tufts Admissions page.

Law School Personal Statement Essay Example

For most people, the slap on the face that turns their life around is figurative. Mine was literal. Actually, it was a punch delivered by a drill sergeant at Fort Dix, New Jersey, while I was in basic training. That day’s activity, just a few weeks into the program, included instruction in “low-crawling,” a sensible method of moving from one place to another on a battlefield. I felt rather clever for having discovered that, by looking right rather than down, I eliminated my helmet’s unfortunate tendency to dig into the ground and slow my progress. I could thus advance more easily, but I also exposed my unprotected face to hostile fire. Drill sergeants are typically very good at detecting this type of laziness, and mine was an excellent drill sergeant. So, after his repeated suggestions that I correct my performance went unheeded, he drove home his point with a fist to my face. We were both stunned. This was, after all, the New Army, and striking a trainee was a career-ending move for a drill sergeant, as we were both aware. I could have reported him; arguably, I should have. I didn’t. It didn’t seem right for this good sergeant, who had not slept for almost four days, to lose his career for losing his temper with my laziness. Choosing not to report him was the first decision I remember making that made me proud.

These are the first three paragraphs of an anonymous personal statement by a Wheaton College graduate, who used this personal statement to get into a top-25 law school.

This statement describes a time the applicant faced a challenging decision while in the army. He ended up making a decision he was proud of, and as a result, the personal statement gives us a sense of his character.

You can find the full essay on the Wheaton Academics website.

Here are some common questions about how to write a personal statement.

How Long Should a Personal Statement Be?

The length of your personal statement depends on the specific program you’re applying to. The application guidelines usually specify a maximum word count or an ideal word count.  

Most personal statements are between 500–800 words. That’s a good general range to aim for if you don’t have more specific guidelines.  

Should Personal Statements Be Different for Scholarships?

Many scholarship applications will ask for personal statements with similar prompts to those of college applications.

However, the purpose of a personal statement you’d write for a scholarship application is different from the purpose of one you’d write for a college application.

For a scholarship application, your goal is to showcase why you deserve the scholarship. To do that, you need to understand the mission of the organization offering that scholarship.

For example, some scholarships are meant to help first-generation college students get their degree, while others are meant to help women break into STEM.

Consider the following questions:

Why is this organization offering scholarships?

What would their ideal scholarship candidate look like?

How do your experiences and goals overlap with those of their ideal scholarship candidate?

You can use the same personal anecdotes you’d use for any other personal statement, but you’ll have a better chance of winning the scholarship if you tailor your essay to match their specific mission.

How to Start a Personal Statement

You should start your personal statement with a “hook” that pulls the reader in. The sooner you catch the reader’s attention, the more likely they’ll want to read the entire essay.

Here are some examples of hooks you can use:

A story (e.g. When the spotlight hit my face, I tried to remind myself to breathe. )

A setting description (e.g. My bedroom floor is covered with dirty laundry, candy wrappers, and crumpled sheet music. )

A funny anecdote (e.g. When I was a little kid, my friends nicknamed me Mowgli because of my haircut. )

A surprising fact (e.g. I've lived in 37 countries .)

There you have it—our complete guide to writing a personal statement that will make you stand out to the application committee.

Here’s a quick recap: 

A personal statement is a short essay that shows an application committee who you are

Start with a strong hook that pulls the reader in

Tell a story to engage the reader 

Write in your own voice, not in a formal tone

Good luck, and happy writing!

Hannah is a speculative fiction writer who loves all things strange and surreal. She holds a BA from Yale University and lives in Colorado. When she’s not busy writing, you can find her painting watercolors, playing her ukulele, or hiking in the Rockies. Follow her work on hannahyang.com or on Twitter at @hannahxyang.

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Preparing a statement for the family court

• Preparing a statement for the…

Preparing a statement for the family court can be a daunting process

However, when your statement is put in front of the Judge it should help your case, instead of hindering it, so it is important to get it right.

Unsure what to include in your witness statement? Fear not! At the bottom of the this post, you can download our free witness statement template to help get you going.

Let’s look at the example of a statement submitted for contact in a Children Act case.

• Do not start your statement the night before it is due to be filed. Make sure you sleep on it several times before submitting it to the court. Don’t write it under the influence of drink or drugs. It will seem like your best work; how wrong you will be.
• Start off by writing a bullet point plan of what you want to tell the Judge. You can go in chronological order (often helpful when you are trying to tell a story) or divide what you want to say into sections; “The contact since the last hearing”;  ” The bond between me and my son”; “Why I don’t think my son is settled with the Applicant” etc.
• Each new point in time, or each new section, should have a heading . This is because it makes the whole thing much more readable for a Judge. They can skip backwards and forwards in their mind thinking”Now what did he say about the bond between them again?” with ease.
• Write each point you want to make once . Repeating yourself in writing just make you look as if you may do it in real life.
• Capital letters and red writing and underlining all give the people reading your statement a sensation they are being SHOUTED at. This does not help your case.
• Keep each sentence as short as you can. It gives your writing more impact. One thought, one sentence. One topic one paragraph.
• Put some space in the text. This can be achieved by the use of paragraphs, sub headings and 1.5 line spacing. This makes the whole thing more readable.
• How much is too much? Well, you need to say everything you want to say, because technically, a Judge can insist that only your written statement stands as your evidence (usually they like to hear you speak a little about your own case, but don’t count on it). But many cases can be dealt with in five to ten pages. If you are not repeating yourself then perhaps you can make your sentences more concise?
• Exhibits: An exhibit is when you refer in your statement to a piece of physical evidence and then show that evidence by attaching it to your statement. Let’s say your name is Alf Bennett and you want to draw the Judge’s attention to the Respondent being mean about you to her friends on Facebook, which  may be seen by your child. The best way to deal with this is to say eg “I have noticed the Respondent denigrating me on Facebook, attached at Exhibit AB1 “- then, behind your statement you have a front cover, with “AB1” on it and behind the cover is the print out of Facebook page you are talking about. Each separate piece of evidence should have a separate cover.
• Procedural points: your statement will need to be numbered and on single sides of A4 paper. You may want to look at Part 22 and Practice Direction 22A  to see further details about statements and evidence. When you file your statement at the court , don’t forget to send a copy to the other side and to Cafcass if that is what has been ordered.

Hopefully, the above should see you on your way to preparing a statement for the family court; but if you find you still struggling why not make a £120 fixed fee appointment to see if we can help?

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A guide to writing a character reference, a guide to writing your character reference.

For the Magistrates' Court & Crown Court

A character reference is a letter demonstrating the good character of the person involved in criminal court proceedings, written by a person who knows the accused and is willing to vouch for them.

When writing a character reference for court for a motoring offence, it is important to bear in mind the tone and content of the reference.   The reference should be clear and specific to allow a Magistrate or District Judge to consider the reference in light of the particular charge(s).

The aim of a character reference is to portray to the court the genuine character of the accused person.

Tone of the reference

Being involved in a Magistrates’ Court case is a serious event and therefore the tone of a character reference should reflect this by being honest and formal.

The reference should be addressed to the recipient correctly.   For example, a case in the Magistrates Court should be addressed to ‘The Presiding Magistrate’ and state the court location (i.e. the court hearing the case).   The letter should be dated and signed by the author of the reference. Letter headed paper is always preferable.  

Content of the reference

How to structure a character reference:

• Introduce yourself, state what your occupation is and any qualifications you hold.
• In what capacity do you know them the defendant?
• Tell the court that you’re aware of the proceedings  
• Give some background surrounding your relationship with the defendant
• What are the defendant’s good qualities (think family or employment)
• Do they do outside charity work?
• What steps are they taking towards improvement?  
• Anything else you feel is appropriate to add

Character Reference Do's and Don'ts 

DO: give a short summary on how you know the person, how long you have known each other for and how often you are in contact.   Are you a family member, co-worker, employer or friend?   The longer you have known the person, greater weight can be placed on your reference by the court.

DO: show that you are aware of the offence the person has committed.   If the accused has spoken to you about the charges, it will be helpful to state how the accused feels (i.e. they are distressed or upset, they feel remorseful and sorry for what they have done, they have attended counselling, or have sought rehabilitation and treatment).

DO: outline any personal problems or hardships that may have played a part in the offending behaviour. In relation to problems such as mental illness or drug or alcohol use, you may state any efforts the accused has made to overcome these personal difficulties.

DO: you think it is out of character for the person to have committed the offence?   You should also include information favourable to the person, including charity work they have undertaken or any special achievements.

DON’T: delve into your complete personal history with the individual in a character reference for court . Magistrates get bored quickly. Character references should be no longer than a single page.

DON’T: argue against the charges on behalf of the person or suggest that they are not guilty of the offence. Remember a character reference is only presented to the court following a conviction or guilty plea.  

DON’T: include information you know to be untrue.  

DON’T: make suggestions regarding sentence (i.e. by asking the court not to impose a ban).  

DON’T: exaggerate. No one is perfect and the magistrates will know this. A character reference is only credible if it’s honest.

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