![]() ![]() Ok, so how to write a witness statement that’s not completely shit.Ĭaveat, I may talk about ‘facts’. If you get nothing else out of this article, I want you to watch that TED Talk. I implore you to watch this 2012 TED Talk by Scott Fraser, a forensic psychologist who interrogates the fallibility of human memory and encourages a more scientific approach to trial evidence. This is because the inherent problem of witness statements is that their evidential value is the sum of how well you are able to record the witness’ recollection of events plus the accuracy of the witness’ recollection of events.Įye witness testimony is almost always inaccurate. The best you can hope for is one that is not completely shit. The person summonsed must attend the hearing (usually by phone or video conference).You will never be able to write a perfect witness statement. If the person refuses, you can ask us to issue a summons. If you summons a person who can’t give relevant evidence or you do it for an improper purpose, we may set aside the summons and you may have to pay costs.īefore you ask us for a summons, ask the person to provide the evidence or relevant documents. Only summons a witness if that person is likely to give evidence or produce documents that are relevant to the case. ![]() ![]() Summons a witness or evidenceĪ summons is a legal document that says someone must produce evidence or appear at VCAT on a certain date. If you refer to documents in the witness statement, you must attach those documents to the end of the statement – we call this an ‘exhibit’. If we’ve ordered you to provide the statement, the order will say when you have to send it to us and the other party. See an example of a witness statement Give your witness statement to VCAT and the other partiesīefore the hearing, you must send a copy of your witness statement to VCAT and the other party. set out all the evidence they intend to give at the hearing in numbered paragraphs, in date order.state their name, address and occupation at the beginning.When a witness prepares a statement, they must: Often this order is given at a directions hearing. In most cases, you only have to prepare a witness's statement when we order you to do it. At the hearing, each witness is asked to ‘swear’ or to ‘affirm’ that their statement is true and correct. Witness statementsĪ witness statement is a document that sets out the evidence a witness, including you, will give at a hearing. You may be able to summons a person to appear as a witness if that person will not attend willingly. This is because the other parties can’t question the witness who created the document. Written evidence from a witness must be completed truthfully, accurately and clearly, and sworn or affirmed as true and correct.Ī written statement from a witness on its own may not be as useful or have the same weight as the witness appearing in person. in some cases, give written evidence in an affidavit or statutory declaration. ![]()
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