Witness statement preparation
A witness statement is the witness's evidence in chief in many jurisdictions. This checklist walks through the preparation steps.
This is a 12-step checklist for preparing a witness statement. It covers interview, draft, review, admissibility and signing.
The checklist
Confirm witness availability
Confirm the witness is available for hearing before investing in a statement.
Conduct the interview
Interview the witness in a quiet setting. Record the account in the witness's own words.
Identify the relevant issues
Identify which issues in the case the witness can speak to. Limit the statement to those.
Draft in first person
Draft in first person, chronological order, short numbered paragraphs.
Stay within direct knowledge
Witnesses should speak to what they saw, heard or did — not what they were told.
Annex documents as exhibits
Annex documents the witness made, received or relied on, with clear exhibit markers.
Avoid lawyer language
Use the witness's own phrasing. Strip legal terminology that the witness would not use.
Review with the witness
Review the draft with the witness line by line. Amend to match the witness's recollection.
Obtain witness sign-off
Have the witness read and confirm accuracy in writing.
Check for inadmissible material
Strip hearsay, opinion and argument unless a lay opinion exception applies.
Signed and dated
Witness signs and dates the statement. A statement of truth if required.
File and serve in time
File and serve the statement within the court timetable.
When this checklist applies
Use this checklist when preparing witness statements for trial, arbitration or tribunal proceedings.
Common pitfalls
- Lawyer-drafted language attributed to the witness
- Hearsay and opinion content
- Statement covering issues outside the witness's knowledge
- Witness not reviewing the final draft
- Late service without leave
Run this checklist on a real matter
Quillio drafts first-person witness statements from interview transcripts. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for criminal statements under s 190 and tribunal proceedings with their own form.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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