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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

  • 1. Include only relevant information
  • 2. Use proper layout with numbered paragraphs
  • 3. Exchange simultaneously as directed by court
  • 4. Prepare statements for all your witnesses
  • 5. Ensure each statement ends with truth declaration
  • 6. Don’t include new information at trial
  • 7. Get statements signed and dated by witnesses

Key Tips for Expert Reports

  • 1. Obtain court permission if needed
  • 2. Choose experts carefully
  • 3. Be aware expert may not support your case
  • 4. Follow proper procedures for instructing experts
  • 5. Disclose reports as required by court
  • 6. Consider costs before obtaining expert evidence
  • 7. 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
Reviewed
August 2026
Source
Download this factsheet as a PDF 12-Witness-statements-and-expert-reports.pdf · 1 page

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