Witness Statements and Giving Evidence in Civil Cases
How to prepare civil witness statements and give evidence: CPR 32, the statement of truth, PD 57AC, hearsay notices and help for vulnerable witnesses.
Quick answer
In civil cases in England and Wales, a witness statement is a signed written statement containing the evidence the witness would be allowed to give orally (CPR 32.4), and at trial it stands as their evidence in chief unless the court orders otherwise, so the hearing is mostly cross-examination. Statements must follow PD 32 — the witness's own words, own language, first person — and carry the prescribed statement of truth; a false statement without honest belief in its truth risks contempt proceedings (CPR 32.14). Serve by the court's deadline or the witness may not be called without permission (CPR 32.10). Business and Property Courts trials add PD 57AC: personal knowledge only, a list of documents reviewed, a signed witness confirmation and a solicitor's certificate, on pain of strike-out or costs sanctions. Rely on hearsay (including an uncalled witness's statement) only with a CPR 33.2 notice served by the witness-statement deadline, and ask under PD 1A for screens, video links or an intermediary where a witness is vulnerable.
Overview
In civil litigation in England and Wales, factual evidence is exchanged in writing before trial. Under Civil Procedure Rules Part 32, a witness statement is a written statement signed by a person which contains the evidence that person would be allowed to give orally, and at trial the statement stands as the witness's evidence in chief unless the court orders otherwise — the live hearing is mostly cross-examination. Statements must follow Practice Direction 32: the witness's own words, drafted in their own language, expressed in the first person, and verified by the prescribed statement of truth; a false statement made without honest belief in its truth can be punished as contempt of court. Trials in the Business and Property Courts add the stricter Practice Direction 57AC regime for trial witness statements. Hearsay evidence — including a statement from a witness who will not be called — needs a notice under CPR 33.2, and Practice Direction 1A lets the court order measures such as screens, remote evidence or an intermediary for vulnerable witnesses. Miss the deadline for serving a statement and the witness may not be called without the court's permission.
Step-by-Step Process
Understand What a Witness Statement Is For
A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally (CPR 32.4). If you serve a statement and want to rely on that witness at trial, you must call the witness to give oral evidence unless the court orders otherwise — and their statement stands as their evidence in chief unless the court orders otherwise (CPR 32.5). In other words, the statement replaces most of the witness's live questioning by their own side; the oral hearing is dominated by cross-examination.
- Only include facts the witness could lawfully say in the witness box — argument and speculation do not belong
- Plan witness evidence around the issues the court actually has to decide
- Check the case directions for how many witnesses and what length of statement is permitted
Draft in the Witness's Own Words (PD 32)
A witness statement must comply with Practice Direction 32 (CPR 32.8). It must, if practicable, be in the intended witness's own words, must in any event be drafted in their own language, and must be expressed in the first person. It opens with the witness's full name, address, occupation and any relationship to a party, and the top right corner carries the party, the witness's initials and surname, the statement number, exhibit references and the date. Use numbered paragraphs and attach documents as exhibits rather than pasting them in.
- A statement in a foreign language is filed with a translation — never draft in English for a witness who is not comfortable in it
- Distinguish what the witness saw or heard themselves from what others told them, and say which is which
- Keep it chronological; give sources for dates (diary, email) rather than false precision
Sign the Statement of Truth
Every witness statement is verified by a statement of truth in the wording prescribed by PD 32 paragraph 20.2: '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.' That warning is real: CPR 32.14 confirms contempt proceedings may be brought against a person who makes a false statement without an honest belief in its truth.
- The witness personally signs — a solicitor cannot sign a witness statement for them
- Never sign a statement you have not read carefully or that contains anything you are unsure about
- Correct errors by a supplemental statement rather than leaving them to unravel in cross-examination
Business and Property Courts: Comply With PD 57AC
For trials in the Business and Property Courts, trial witness statements signed on or after 6 April 2021 must comply with Practice Direction 57AC. The statement must set out only matters of fact of which the witness has personal knowledge that are relevant to the case, and must identify by list what documents the witness has referred to or been referred to. It must not quote at length from documents, argue the case, narrate the documents or comment on other evidence. The witness signs an additional confirmation of compliance — including that they have stated honestly how well they recall matters and whether their memory has been refreshed by considering documents — and the legal representative endorses a certificate of compliance.
- On important disputed points, say in the witness's own words how well they recall the matter and what documents refreshed their memory
- Interviews should use open questions and be recorded — drafts should be as few as practicable
- Even outside the Business and Property Courts, judges increasingly expect PD 57AC discipline as good practice
Serve On Time — or Risk Losing the Witness
The court's directions fix the date for exchanging witness statements. CPR 32.10 is blunt: if a witness statement or witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, the witness may not be called to give oral evidence unless the court gives permission. Applications for relief from that sanction are uncertain and expensive — diarise the exchange date from the moment directions are made.
- If a witness is genuinely unavailable to sign in time, consider a witness summary under CPR 32.9 and take advice quickly
- Simultaneous exchange is the norm — do not send yours early without agreement
- Ask for an extension by consent before the deadline, not forgiveness after it
Hearsay: Serve the Right Notice (CPR 33.2)
If you will rely on hearsay — most commonly the statement of a witness who will not be called to give oral evidence — you must give notice. The party proposing to rely on the hearsay evidence must serve the notice no later than the latest date for serving witness statements; where the hearsay is in a witness statement of a person not being called, you must inform the other parties that the witness is not being called and give the reason why. The other side then has counter-moves on a 14-day clock: applying to cross-examine the maker (CPR 33.4) or giving notice of intention to attack their credibility (CPR 33.5).
- Hearsay is admissible in civil cases, but unexplained absence of the maker cuts its weight heavily
- Serve the hearsay notice with the witness statements — a single letter identifying the evidence and the reason suffices
- If you receive a hearsay notice, calendar the 14 days for a CPR 33.4 or 33.5 response immediately
Vulnerable Witnesses: Ask for Measures Under PD 1A
Practice Direction 1A requires the court to consider whether a party or witness is vulnerable — factors include age, immaturity or lack of understanding; communication or language difficulties (including literacy); physical disability or health conditions; mental health conditions; and relationships with a party or witness, such as sexual assault, domestic abuse or intimidation. The court can hold a ground rules hearing and order measures including preventing a party or witness from seeing another party or witness by screens, allowing evidence remotely by video conference, hearing evidence in private, questioning through an intermediary, and communication aids.
- Raise vulnerability at the first case management hearing, not on the eve of trial
- Measures can protect parties as well as witnesses — including from cross-examination by an unrepresented opponent in intimidation cases
- Medical or support-worker evidence helps the court tailor directions
Giving Evidence at Trial
At trial the witness confirms their name and their statement, verifies it is true, and is then mostly cross-examined on it, since the statement stands as evidence in chief. Answer the question asked, briefly and truthfully; say so if you do not know or cannot remember; and never guess. Do not discuss your evidence with anyone while you are in the middle of giving it. If you need a break, an interpreter, or any of the PD 1A measures, they should have been arranged in advance — but the judge can be asked during the hearing.
- Re-read your statement shortly before trial — you will be cross-examined on its details
- Address answers to the judge, speak slowly, and pause to allow objections
- Take the oath or affirmation seriously: lying in the witness box after verifying a false statement compounds contempt exposure
Important Warnings
A false statement verified by a statement of truth, made without honest belief in its truth, can be punished as contempt of court (CPR 32.14)
Serve statements on time: an unserved witness may not be called to give oral evidence without the court's permission (CPR 32.10)
In the Business and Property Courts, a non-compliant statement can be struck out in whole or part, ordered redrafted, or met with adverse costs (PD 57AC para 5.2)
Witness statements are not the place to argue the case — that is for submissions
Useful Links
Frequently asked questions
- What is the statement of truth on a witness statement?
- The prescribed wording in PD 32 paragraph 20.2: 'I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.' The witness signs it personally, and CPR 32.14 makes the contempt warning enforceable.
- Do I have to attend court if I have made a witness statement?
- Usually yes. Under CPR 32.5, a party who has served a witness statement and wishes to rely on that witness at trial must call the witness to give oral evidence unless the court orders otherwise — the statement stands as evidence in chief and the witness is then cross-examined. If the witness will not be called, their statement can only go in as hearsay with a CPR 33.2 notice explaining why, and its weight will suffer.
- What happens if a witness statement is served late?
- CPR 32.10 provides that if a witness statement or witness summary is not served within the time specified by the court, the witness may not be called to give oral evidence unless the court gives permission. You would need relief from sanctions, which is discretionary — treat the exchange date as immovable.
- What extra rules apply in the Business and Property Courts?
- Practice Direction 57AC applies to trial witness statements signed on or after 6 April 2021. Statements must contain only matters of fact within the witness's personal knowledge, identify by list the documents the witness referred to, and avoid quoting documents at length, arguing the case, narrating the documents or commenting on other evidence. The witness signs a confirmation of compliance and the legal representative a certificate; the court can strike out, order redrafting, award adverse costs or require oral evidence in chief if the rules are flouted.
- How do I use evidence from someone who cannot come to court?
- Serve a hearsay notice under CPR 33.2 no later than the latest date for serving witness statements, identifying the evidence and, where it is a witness statement of a person not being called, informing the other parties that the witness is not being called and giving the reason why. The other side may apply within 14 days to cross-examine the maker (CPR 33.4) or give 14-day notice of intent to attack their credibility (CPR 33.5).
- What help can a vulnerable witness get in a civil court?
- Under Practice Direction 1A the court considers vulnerability arising from factors such as age, communication or language difficulties, disability or health conditions, mental health, or their relationship with a party (for example sexual assault, domestic abuse or intimidation). It can hold a ground rules hearing and order screens, remote evidence by video conference, evidence in private, questioning through an intermediary, communication aids and other adjustments.
- Can my witness statement be in a language other than English?
- It must be. PD 32 paragraph 18.1 requires the statement to be in the witness's own words and drafted in their own language; under PD 57AC that means any language in which the witness is sufficiently fluent to give oral evidence including under cross-examination, and a translation is filed alongside a foreign-language statement.