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Declaration Of Witness

Declaration Of Witness Template for England and Wales

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Key Requirements PROMPT example:

Declaration Of Witness

"I need to draft a Declaration of Witness regarding a workplace accident I observed at our warehouse facility on March 15, 2025, ensuring all safety protocols were followed and documenting the immediate response actions taken by our team."

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Document background
A Declaration of Witness is a crucial document in legal proceedings under English and Welsh law, typically used when factual or expert evidence needs to be presented to a court or tribunal. This document allows witnesses to provide their testimony in written form, reducing court time and ensuring clarity of evidence. The statement must be in the witness's own words and include a statement of truth, making it a legally binding document. The Declaration of Witness can be used in various contexts, from civil litigation to regulatory proceedings, and must comply with strict procedural requirements set out in the Civil Procedure Rules.
Suggested Sections

1. Statement Header: Case details, court reference, parties involved

2. Witness Details: Full name, address, occupation of witness

3. Truth Declaration: Standard statement confirming truth of contents

4. Statement Body: Chronological account of events or facts being testified to

5. Statement of Truth: Formal declaration and signature

Optional Sections

1. Professional Qualifications: Required when witness is providing expert testimony or when professional credentials are relevant to the testimony

2. Language Declaration: Required when statement has been translated from another language or when witness required an interpreter

3. Exhibits Reference: Required when supporting documents, photographs, or other physical evidence are attached to the statement

Suggested Schedules

1. Exhibit Sheet: Cover sheets for each documentary exhibit, labeled sequentially (e.g., 'Exhibit A', 'Exhibit B')

2. Supporting Documents: Referenced documents, photographs, or other evidence attached to support the testimony

3. Translation Certificate: Certificate from qualified translator when statement was translated from another language

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Civil Procedure Rules (CPR) - Part 32: Core rules governing evidence in civil proceedings, including requirements for format and content of witness statements, and the Statement of Truth

Practice Direction 32: Supplementary rules providing detailed guidance on evidence handling and specific requirements for witness statement preparation

Civil Evidence Act 1995: Primary legislation governing admissibility of evidence in civil proceedings, including provisions for hearsay evidence

Perjury Act 1911: Legislation establishing criminal consequences for making false statements, with Section 5 specifically addressing false statements made otherwise than on oath

Criminal Justice Act 1967: Contains Section 9 which provides framework for written statements in criminal proceedings

Evidence Act 2003: Contains general provisions regarding the admissibility of evidence in legal proceedings

Common Law Principles: Established legal principles covering witness competency, admissibility of evidence, and various forms of legal privilege

Court Guidelines: Specific requirements for formatting, language usage (must be in witness's own words), and proper execution of witness statements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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