How to Prepare a Witness Statement for a Small Claim

Start with the court's order

A witness statement records the witness's evidence about what happened. Check whether the court requires statements, when they must be exchanged, and any format or length directions. Small claims use a simplified procedure: do not assume every formal rule for other civil trials applies automatically.^[1]

Do not delay complying with any court deadline while awaiting a response from PETERLEX.

Prepare an honest first-person account

Write about what you personally saw, heard, did or received. Where a statement depends on someone else's information, identify that source. Keep uncertain dates or memories qualified rather than making them sound certain. General civil witness-statement guidance in Practice Direction 32 provides useful layout principles, but your small-claims directions govern what is required.^[2]

Start with a brief introduction explaining who you are and your connection to the dispute. Describe the events in order. Use numbered paragraphs and focus each paragraph on a distinct event or topic. Plain language usually makes the account easier to follow than legal phrases copied from another case.

Link the account to documents

Create a consistent reference system for the records you mention. Identify the relevant email, invoice, photograph or agreement by its document label or bundle page. Check that the reader can find it. Keep original records safely and avoid changing a screenshot in a way that removes relevant context.

For example, explain that you received an invoice on a particular date and identify the invoice. If a later message changed the agreed delivery date, explain that sequence and identify the message. Do not expect a pile of attachments to tell the story without a clear account.

Keep evidence separate from argument

Use the statement to set out facts. An observation about work you saw is different from a technical opinion about why a product failed. If expert evidence is needed, check the court's permission requirements before commissioning a report for use at the hearing.^[1]

A witness should review their own statement carefully. Where a statement of truth is required, use the current wording required by the court and ensure the witness signs and dates the document. Do not sign for a witness or add events they have not confirmed. Arrange any interpreter or translation requirements in good time.

Common mistakes

• Turning the statement into an emotional argument about the other party.
• Copying someone else's recollection as if it were your own.
• Referencing documents that are missing or labelled differently.
• Treating a draft produced by another person or software as checked evidence.

When to obtain legal advice

Obtain advice if the statement concerns sensitive material, disputed authenticity, expert evidence or an issue you do not understand. PETERLEX can consider document organisation and preparation support; the evidence must remain the witness's own accurate account.

Take the next step

Explore WITNESS STATEMENT SUPPORT to organise the account and records for an eligible small claim.

Frequently asked questions

Official sources

1. Civil Procedure Rules, Part 27, especially rules 27.2, 27.4 and 27.5
2. Practice Direction 32, paragraphs 17 to 20, as general civil guidance subject to the small-claims procedure