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These are instructions to help prepare a witness statement. They are not legal advice. It is important to complete your witness 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 - Defendant.
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 FloristsIn the Local Court at BlacktownCase Number SC20xx/766
Write the name of the person making the statement.
Statement of Fiona Frame
I, Fiona Frame, of 42 Lancaster Road, Cowra NSW 2974, unemployed,
Next, the role of the witness or the relationship of the witness to a party to the case. For example:
I am the defendant
I am employed by the defendant.
I was asked by the defendant to prepare this statement.
I am the defendant'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:
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 Meena Vishwana dated 23 April 20xx is attached and marked with the letter A.
If you do not 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.
The witness should sign and date the statement at the end.