![]() However, there are some basic points which will make a witness statement more useful: The Format of a Witness StatementIn the small claims court it is unlikely that a judge would criticize a litigant in person for having failed to follow the proper format for a witness statement. This will mean more time can be spent deciding the case rather than going over the facts. If a party provides the court with a witness statement the judge will probably have had the chance to read it before the hearing begins. Sitting in a court room can do funny things to people’s brains – it is much easier to get the facts straight in the comfort of one’s own home. If this has already been put in a witness statement there is less danger that the party will forget to mention something important on the day of the hearing. A witness statement should tell the judge (and the other side) exactly what the party’s case is. The Advantages of Having a Witness StatementPreparing a witness statement can give a party the chance to get their case and documents in order. However, simply because there is no requirement to produce a witness statement, it does not mean that there is no value in having done so. Small claims hearings are often more like a discussion between the parties and the judge than a formal trial. The strict rules of evidence do not apply and it is common for parties to represent themselves. ![]() (2) The court will order a party to serve on the other parties any witness statement of the oral evidence which the party serving the statement intends to rely on in relation to any issues of fact to be decided at the trial.There is no legal requirement for a party in a small claims case to prepare a witness statement. (1) A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally. In that case claimant should note witness statement in the direction questionnaire and serve copy to the defendant: Requirement to serve witness statements for use at trial But if claimant has something to contradict to defendant by providing solid witness statement it worth to make prior preparation to the hearing and draft such witness statement. Generally, defendant or claimant should serve and file witness statement prior small claim hearing if another specific action wouldn’t be directed by a court.Ĭlaimant has no obligation to reply on defence, because court gives direction after getting all statements from defendant and it could be a request of witness statement or allocation hearing. But court may give a direction to produce witness statement by the parties.
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