These are instructions to help prepare a witness statement. It is important to complete this statement using your own details and based on your own circumstances. If you need more help, get legal advice.
For examples of completed witness statements, see Sample witness statement - plaintiff and Sample witness statement – car accidents.
There is no set form for witness statements in the Small Claims Division, but here are some suggestions to help you prepare them.
Meena Vishwana v Fiona Frame trading as Fantastic Florists In the Local Court at BlacktownCase Number SC20xx/766
STATEMENT OF MEENA VISHWANA
I, Meena Vishwana, of 12/32 Campbell St Blacktown NSW 2148, self-employed IT consultant, state:
Next, write the role of the witness or the relationship of the witness to a party to the case. For example:
I am the plaintiff.
I am employed by the plaintiff.
I was asked by the plaintiff to prepare this statement.
I am the plaintiff's mother/father/sister/brother/friend.
If the witness writes about a conversation that is important for the case, it should be set out in speech marks as accurately as possible. If you cannot remember exactly what was said you can say "words to the effect of". For example:
On 14 April 20xx I got a telephone call from Fiona Frame and she said words to the effect of "I am looking for someone to build a website and do IT work for me". I replied with words to the effect of "We should meet and talk about what you want and then I can give you a quote".
If the witness refers to a document it should be attached to the statement. Each document attached should be given a letter of the alphabet.
There is no rule that says you must attach your documents (photos, sketches, quotes) to the statement, however, it is a good idea to do this. This is also a neater way of presenting evidence at court, and it is easier to refer to at the hearing. For example:
A copy of my letter to Fiona Frame dated 23 April 20xx confirming our agreement is attached and marked with the letter A.
If you don't attach your documents to your statement, you must still file them at the court and give copies to the other party within the time ordered by the Court (usually 14 days before the hearing).
Witness statements should not include opinions or beliefs, or arguments about the law. For example, you should not write "the defendant signed the contract, so they must have understood its conditions". You would just write, "I saw the defendant sign the contract".
The witness should sign and date the statement at the end.