When do I need a witness statement for a Form N244 application?

A witness statement is required for most Form N244 applications to set out the factual grounds for the request. Common uses include applying to set aside a default judgment, staying enforcement, seeking an extension of time, or varying a court order. The statement must support the application notice and should not be used as a standalone document.

What are the key formatting rules for this witness statement?

The statement must be written in the first person, not the third. It should contain only facts, with legal arguments reserved for a skeleton argument or the application form. Each paragraph must be numbered sequentially, and any documentary evidence must be attached and referenced as 'Exhibit [initials]-[number]'. A formal statement of truth is also mandatory at the end.

What must I prove to set aside a default judgment?

If you are applying to set aside a default judgment, the court must be satisfied that there is a real prospect of success or some other good reason. You should summarise your defence and explain why it has a real prospect of success. Additionally, you must address the balance of prejudice, explaining why the harm to you outweighs any prejudice to the other party.

Can I use this template for criminal cases or emergency injunctions?

No. This template is specifically for civil litigation in England and Wales. It is not suitable for witness statements in criminal proceedings. Furthermore, if you are applying for an emergency injunction, the template advises that you will need specialist legal advice rather than relying on this standard format.

← All Templates

Legal Proceedings

Civil Litigation

Updated 2026-05-16

Witness Statement Supporting Form N244 Application

A witness statement in support of an application to the court using Form N244, suitable for applications to set aside default judgment, stay enforcement, or vary directions.

This template was not drafted by a solicitor.

It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.

When to use this template

Use this template when you are making an application to the court on Form N244 and need a supporting witness statement. Common uses include applying to set aside a default judgment entered in your absence, applying to stay enforcement of a judgment, seeking an extension of time, or applying to vary a court order. Most N244 applications require a witness statement setting out the grounds.

When NOT to use this template

Do not use this as a standalone document without completing Form N244. If you are applying for an emergency injunction, you will need specialist legal advice. This template is not suitable for witness statements in criminal proceedings.

Legal Basis

Civil Procedure Rules Part 23 (General Rules about Applications); CPR Part 32 and Practice Direction 32 (witness statements); CPR r.13.3 (setting aside default judgment — court must be satisfied there is a real prospect of success or some other good reason); CPR r.39.3 (setting aside judgment given in absence of a party).

Before you send

Writing the statement in the third person — a witness statement must be in the first person
Including legal argument in the witness statement — state facts only; argument goes in a skeleton argument or the N244 box
Not numbering each paragraph sequentially

Common Mistakes to Avoid

✗Writing the statement in the third person — a witness statement must be in the first person
✗Including legal argument in the witness statement — state facts only; argument goes in a skeleton argument or the N244 box
✗Not numbering each paragraph sequentially
✗Failing to attach documentary exhibits and refer to them as 'Exhibit [initials]-[number]'
✗Omitting the formal statement of truth at the end

Build Your Letter

Fill in your details

Complete the fields below. Required fields are marked with *.

Court name*

Claim number*

Claimant's full name*

Defendant's full name*

Your full name (witness)*

Your address*

Your occupation*

Your role in proceedings*

Date of N244 application*

The order you are applying for*

Background to the proceedings*

Short title for reason of application*

Circumstances explaining the application*

Grounds why the application should be granted*

Date signed*

Optional fields

Prospects of success at trial (for set-aside applications)

Balance of prejudice to each party

Exhibit reference prefix (your initials)

Number of exhibits

Description of exhibits

Letter preview

IN THE COUNTY COURT AT [COURT NAME]

Claim Number: [CLAIM NUMBER]

**BETWEEN:**

[CLAIMANT'S FULL NAME]
— Claimant

and

[DEFENDANT'S FULL NAME]
— Defendant

---

**WITNESS STATEMENT OF [YOUR FULL NAME (WITNESS)]**

**In Support of Application Notice (Form N244)**

I, [YOUR FULL NAME (WITNESS)], of [YOUR ADDRESS], [YOUR OCCUPATION], WILL SAY as follows:

1. I am the [YOUR ROLE IN PROCEEDINGS] in these proceedings. I make this statement in support of my application dated [DATE OF N244 APPLICATION] for [THE ORDER YOU ARE APPLYING FOR].

2. The facts set out in this statement are within my own knowledge and belief, except where I indicate otherwise. Where I rely on information from others, I have identified the source.

3. **Background to the proceedings.** [BACKGROUND TO THE PROCEEDINGS]

4. **The circumstances of [SHORT TITLE FOR REASON OF APPLICATION].** [CIRCUMSTANCES EXPLAINING THE APPLICATION]

5. **Why the application should be granted.** [GROUNDS WHY THE APPLICATION SHOULD BE GRANTED]

6. **Prospects of success / good reason.** [PROSPECTS OF SUCCESS AT TRIAL (FOR SET-ASIDE APPLICATIONS)]

7. **Prejudice / balance of harm.** [BALANCE OF PREJUDICE TO EACH PARTY]

8. I exhibit to this statement documents marked [EXHIBIT REFERENCE PREFIX (YOUR INITIALS)]-1 to [EXHIBIT REFERENCE PREFIX (YOUR INITIALS)]-[NUMBER OF EXHIBITS], which are [DESCRIPTION OF EXHIBITS].

9. I ask the Court to grant the order sought in the Application Notice.

---

**STATEMENT OF TRUTH**

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: ___________________________

Name: [YOUR FULL NAME (WITNESS)]

Date: [DATE SIGNED]

Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.

Related Guides

Small Claims Court

Related Rights

Civil Court Rights

Official Resources

Gov.uk — Form N244 Application Notice →CPR Part 23 — Applications →

Frequently asked questions

When do I need a witness statement for a Form N244 application?: A witness statement is required for most Form N244 applications to set out the factual grounds for the request. Common uses include applying to set aside a default judgment, staying enforcement, seeking an extension of time, or varying a court order. The statement must support the application notice and should not be used as a standalone document.
What are the key formatting rules for this witness statement?: The statement must be written in the first person, not the third. It should contain only facts, with legal arguments reserved for a skeleton argument or the application form. Each paragraph must be numbered sequentially, and any documentary evidence must be attached and referenced as 'Exhibit [initials]-[number]'. A formal statement of truth is also mandatory at the end.
What must I prove to set aside a default judgment?: If you are applying to set aside a default judgment, the court must be satisfied that there is a real prospect of success or some other good reason. You should summarise your defence and explain why it has a real prospect of success. Additionally, you must address the balance of prejudice, explaining why the harm to you outweighs any prejudice to the other party.
Can I use this template for criminal cases or emergency injunctions?: No. This template is specifically for civil litigation in England and Wales. It is not suitable for witness statements in criminal proceedings. Furthermore, if you are applying for an emergency injunction, the template advises that you will need specialist legal advice rather than relying on this standard format.
Do I need to include a statement of truth?: Yes, you must include a statement of truth at the end of the document. This confirms that you believe the facts stated are true. You must understand that proceedings for contempt of court may be brought against anyone who makes a false statement in a document verified by a statement of truth without an honest belief in its truth.