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Witness Statements and Expert Reports
Key information for civil court cases
Civil claims · Factsheet 12 of 17
Witness Statements
- Required for all claimants and defendants
- Prepare early in the case
- Include only firsthand experiences
- Use numbered paragraphs
- End with a statement of truth
- Exchange simultaneously by set deadline
- Small claims may not require statements
- Fast track claims usually require formal statements
Expert Reports
- Provide expert opinion on technical matters
- Not allowed in small claims without permission (except personal injury cases)
- More common in fast track claims
- Experts have a duty to the court, not the party
- Can be expensive and time-consuming
- Expert must remain independent and impartial
- Consider carefully if truly needed
Key Tips for Witness Statements
- Include only relevant information
- Use proper layout with numbered paragraphs
- Exchange simultaneously as directed by court
- Prepare statements for all your witnesses
- Ensure each statement ends with truth declaration
- Don’t include new information at trial
- Get statements signed and dated by witnesses
Key Tips for Expert Reports
- Obtain court permission if needed
- Choose experts carefully
- Be aware expert may not support your case
- Follow proper procedures for instructing experts
- Disclose reports as required by court
- Consider costs before obtaining expert evidence
- Arrange expert attendance at trial if necessary
Important Considerations
- Witness statements and expert reports are crucial elements in civil court cases
- Follow court directions carefully regarding deadlines and procedures
- Be honest and accurate in all statements and reports
- Seek legal advice if unsure about requirements or procedures
- Remember that experts serve the court, not individual parties
- Consider potential costs and benefits before obtaining expert evidence
- Ensure all statements and reports comply with court rules and guidelines
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