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Small claims court witness statement and documents

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  • Small claims court witness statement and documents

    Hi, would really appreciate help. I have read conflicting advice - does my husband as claimant have to write a witness statement and reference all the supporting evidence in it? Or do we just supply the supporting evidence that supports the outline of events we originally submitted? The court order doesn't make this clear at all. There are no other witnesses. Many thanks
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  • #2
    Your husband needs to write his witness statement cross referenced to evidence. When the court notifies your husband of the time and date for the hearing, he will be given a final date for filing and serving his witness statement and evidence

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    • #3
      Originally posted by Pezza54 View Post
      Your husband needs to write his witness statement cross referenced to evidence. When the court notifies your husband of the time and date for the hearing, he will be given a final date for filing and serving his witness statement and evidence
      Thanks for such a quick reply, yes we have the date but the order doesn't make it clear what is needed re a witness statement. It says in one section "each party must upload to the digital portal copies of all documents which they wish to consider" (even though the digital portal has this section greyed out and the case says "Your online account will no longer be updated. If there are any further updates to your case these will be by post."). Then in the "witness statement' section it says we must upload all witness statements, but makes it sound like these are external witnesses - it also says that each witness statement is limited to 7 pages including exhibits, and that it must be 12 point and double spaced - which leaves very little room for documents even if we keep the witness statement super short. It is really confusing.

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      • #4
        The witness statement and evidence should be filed and served by post or email. It is important to get this document right first time. Only one email is allowed for one step in proceedings. Maximum 50 pages (25 double sided) is permitted
        There is plenty of advice available on the internet about writing a witness statement : facts regarding what happened in chronological order, short consecutively numbered paragraphs with the date at the beginning of the paragraph, no opinions, end with a Statement of Truth

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        • #5
          Originally posted by Pezza54 View Post
          The witness statement and evidence should be filed and served by post or email. It is important to get this document right first time. Only one email is allowed for one step in proceedings. Maximum 50 pages (25 double sided) is permitted
          There is plenty of advice available on the internet about writing a witness statement : facts regarding what happened in chronological order, short consecutively numbered paragraphs with the date at the beginning of the paragraph, no opinions, end with a Statement of Truth
          Hi and thanks for this - so if the document can be 50 pages why have they said a witness statement can only be 7 - or does that mean for other witnesses?

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          • #6
            https://legalbeagles.info/forums/for...ess-statement/

            Posted for information only - https://hallellis.co.uk/preparing-witness-statements/

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            • #7
              Originally posted by ALI2024 View Post

              Hi and thanks for this - so if the document can be 50 pages why have they said a witness statement can only be 7 - or does that mean for other witnesses?
              If you're using MCOL, the portal ceases to be updated when the claim is allocated to a county court
              You could phone the helpline to check

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