A witness statement for civil proceedings in England and Wales is a formal written document in which an individual sets out, in narrative form and in their own words, the evidence they would give at trial if called to testify orally. It is the primary mechanism by which factual evidence is placed before the court in civil litigation, and it serves as the witness's evidence in chief at trial. Witness statements are governed by Civil Procedure Rules Part 32 — 'Evidence' — and the accompanying Practice Direction 32, which together prescribe in detail the form, content, service requirements, and evidential consequences of witness statements.

Under CPR Part 32.4(1), a witness statement is defined as 'a written statement signed by a person which contains the evidence which that person would be allowed to give orally'. This definition captures the fundamental character of the document: it is the written equivalent of oral testimony and must therefore comply with the same rules of admissibility that would apply to evidence given from the witness box. The statement must be expressed in the first person, must use the witness's own words so far as possible, and must distinguish clearly between matters within the witness's direct knowledge and matters based on information and belief — in the latter case identifying the source of that information or belief under PD 32 paragraph 18.2.

The heading of the statement must identify the court, the claim number, and the parties to the proceedings, following the format prescribed by PD 32 paragraph 17.1. Each witness statement made in the same proceedings by the same witness must be numbered consecutively under CPR Part 32.4(3), so that where a witness provides supplemental evidence (for example, after disclosure of new documents), their subsequent statements are clearly identified as the witness's second or third statement. The statement must be dated under PD 32 paragraph 19.1, signed by the witness under PD 32 paragraph 20.1, and verified by a statement of truth in the precise form prescribed by CPR Part 22 and Practice Direction 22. The statement of truth for a witness statement reads: '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.'

Where the witness wishes to refer to documents in the course of their evidence, those documents must be exhibited to the statement in accordance with PD 32 paragraphs 18.3 to 18.6. Each exhibit is identified by the witness's initials and a sequential number (for example, SP1, SP2) and must have its own front page showing the exhibit reference, the title of the proceedings, and the date of preparation. The exhibit must be paginated consecutively and separately from the witness statement itself.

A witness statement is needed whenever a party to civil proceedings in England and Wales — whether before the County Court, the High Court, or the Family Court — wishes to place factual evidence before the court in written form. In the vast majority of civil cases, the court's directions order will require parties to exchange witness statements by a specified date, after which those statements stand as the evidence in chief of the respective witnesses at trial.

The most common situations in which a witness statement is required include: where a party to a claim for breach of contract, negligence, property damage, or debt needs to put their account of events before the court; where an employee or employer is involved in employment tribunal proceedings or civil litigation arising from an employment dispute; where a landlord or tenant is a party to proceedings under the Landlord and Tenant Act 1954 or arising from a disputed tenancy; where a company director or shareholder needs to give evidence in a commercial dispute under the Companies Act 2006; where a witness to an accident or incident is asked to support a personal injury claim governed by the Pre-Action Protocol for Personal Injury Claims; and where any person is required to give evidence in support of an interlocutory application, such as an application for an injunction, a freezing order, or a summary judgment under CPR Part 24.

Witness statements are also commonly required outside the context of contested litigation. They may be needed to support an application for a non-molestation order or occupation order under the Family Law Act 1996 in family proceedings; to support an application for a Lasting Power of Attorney to be declared invalid; in support of insolvency proceedings under the Insolvency Act 1986; or in proceedings before specialist tribunals that have adopted court-style procedures for written evidence.

A witness statement should be prepared and served in accordance with the directions timetable set by the court. In multi-track cases, witness statements are typically exchanged simultaneously under CPR Part 32.4(2). In fast-track cases, they are served in accordance with the standard timetable under CPR Part 28. Failure to serve a witness statement by the due date may result in the evidence being excluded under CPR Part 32.10, potentially with serious consequences for the party whose evidence is excluded. It is therefore important to ensure that all witnesses whose evidence is needed are identified early, and that their statements are prepared and served on time.

A compliant witness statement for use in civil proceedings in England and Wales under CPR Part 32 and Practice Direction 32 must contain six key elements.

First, a properly formatted court header identifying the court (County Court, High Court, or Family Court), the claim number, and the full names of the claimant and defendant in the correct format. The claim number is assigned by the court and must appear on all court documents. The parties' names must match the claim form exactly.

Second, a statement heading identifying the witness by full name and confirming the statement number — for example, 'WITNESS STATEMENT OF SARAH LOUISE PEMBERTON — 1st Statement'. The heading must also state the date of the statement. Where a witness provides more than one statement in the same proceedings, each statement must be numbered consecutively under CPR Part 32.4(3).

Third, an introduction paragraph stating the witness's full name, address (including postcode), and occupation as required by PD 32 paragraph 17.1. The introduction should also state the witness's relationship to the parties — for example, whether the witness is the claimant, an employee of the defendant, or an independent witness — and the purpose for which the statement is being made.

Fourth, the body of the evidence, drafted in the first person and in numbered paragraphs, setting out the facts within the witness's direct knowledge. Where any matter is stated on the basis of information and belief rather than direct knowledge, the witness must identify those paragraphs and state the source of the information or belief under PD 32 paragraph 18.2. Documents referred to in the evidence must be identified by exhibit reference and formally exhibited to the statement.

Fifth, an exhibit bundle if documents are being exhibited, prepared in accordance with PD 32 paragraphs 18.3 to 18.6. Each exhibit must be separately paginated, identified by the witness's initials and a sequential number, and must include a front sheet with the exhibit reference, the title of the proceedings, and the date of preparation.

Sixth and finally, the statement of truth in the mandatory wording prescribed by CPR Part 22 and Practice Direction 22. The statement of truth is signed by the witness (not by their solicitor) and constitutes a formal verification that the contents of the statement are true. Signing a false statement of truth is contempt of court under CPR Part 32.14 and the Contempt of Court Act 1981.