Declaration Of Witness Template for England and Wales

A Declaration of Witness is a formal written statement made under the laws of England and Wales, containing evidence that a witness wishes to present to the court. The document must comply with Civil Procedure Rules and includes a statement of truth confirming the contents are true to the best of the witness's knowledge and belief. It serves as a witness's evidence-in-chief in civil proceedings and can be used in place of oral testimony.

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What is a Declaration Of Witness?

A Declaration of Witness is a crucial document in legal proceedings under English and Welsh law, typically used when factual or expert evidence needs to be presented to a court or tribunal. This document allows witnesses to provide their testimony in written form, reducing court time and ensuring clarity of evidence. The statement must be in the witness's own words and include a statement of truth, making it a legally binding document. The Declaration of Witness can be used in various contexts, from civil litigation to regulatory proceedings, and must comply with strict procedural requirements set out in the Civil Procedure Rules.

What sections should be included in a Declaration Of Witness?

1. Statement Header: Case details, court reference, parties involved

2. Witness Details: Full name, address, occupation of witness

3. Truth Declaration: Standard statement confirming truth of contents

4. Statement Body: Chronological account of events or facts being testified to

5. Statement of Truth: Formal declaration and signature

What sections are optional to include in a Declaration Of Witness?

1. Professional Qualifications: Required when witness is providing expert testimony or when professional credentials are relevant to the testimony

2. Language Declaration: Required when statement has been translated from another language or when witness required an interpreter

3. Exhibits Reference: Required when supporting documents, photographs, or other physical evidence are attached to the statement

What schedules should be included in a Declaration Of Witness?

1. Exhibit Sheet: Cover sheets for each documentary exhibit, labeled sequentially (e.g., 'Exhibit A', 'Exhibit B')

2. Supporting Documents: Referenced documents, photographs, or other evidence attached to support the testimony

3. Translation Certificate: Certificate from qualified translator when statement was translated from another language

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Witness Statement

Sector

Marketing

Cost

Free to use

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