Declaration Of Witness Template for England and Wales

A Declaration of Witness is a formal legal document that allows you to provide written testimony in court proceedings across England and Wales. When you need to present evidence as a witness, this document ensures your testimony meets the strict legal standards required by the courts while providing a clear, structured format for your account of events.

When do you need this document?

You'll need a Declaration of Witness when you're required to give evidence in civil proceedings, employment tribunals, or regulatory hearings. This commonly occurs in personal injury cases where you witnessed an accident, commercial disputes where you have relevant knowledge of business dealings, or property disputes where you can provide factual evidence. The document is also essential in family court proceedings when you need to support your case with witness testimony, and in criminal cases where written statements can be submitted under Section 9 of the Criminal Justice Act 1967. Expert witnesses also use this format when providing professional opinions to the court.

Key legal considerations

Your Declaration of Witness must include a statement of truth, which makes you liable for perjury if you knowingly provide false information. The statement must be in your own words and presented chronologically, focusing on facts rather than opinions unless you're an expert witness. You should avoid hearsay evidence unless it falls within permitted exceptions under the Civil Evidence Act 1995. The document must clearly identify the case, include your full contact details, and be signed and dated. If you're providing evidence about documents, you should exhibit them properly and refer to them clearly in your statement. Remember that anything you include may be subject to cross-examination if the case goes to trial.

Legal requirements in England and Wales

Under Civil Procedure Rules Part 32 and Practice Direction 32, your witness statement must follow specific formatting requirements. The document must be typed on A4 paper with numbered paragraphs and pages, and include the case number and parties' names in the header. You must provide your full name, address, and occupation, and confirm whether you're giving evidence as a fact witness or expert. The statement of truth must use the prescribed wording: "I believe that the facts stated in this witness statement are true" followed by your signature and the date. If English isn't your first language, you must include a certificate confirming the statement has been translated accurately. The court may refuse to admit witness statements that don't comply with these procedural requirements, potentially weakening your case significantly.