How to Write a Witness Statement for Small Claims Court

A witness statement is a written account of the facts relevant to your case. It forms the evidence the judge will rely on when deciding your claim. Getting it right can make the difference between winning and losing.

Whether you are the claimant, defendant, or a third-party witness, this guide explains exactly how to write a witness statement for the small claims track, what to include, and what to avoid.

What Is a Witness Statement?

A witness statement is a formal written document that sets out the evidence a witness can give about the facts of a case. In court proceedings, it serves as the witness's evidence-in-chief — meaning it replaces the need for the witness to stand up and tell their story from scratch.

The statement must be written in the witness's own words and should cover only matters they have personally seen, heard, or experienced. It is not a place for arguments, legal submissions, or opinions (unless the witness is an expert).

In the small claims track (claims up to £10,000 in England and Wales), the rules around witness statements are less formal than in the fast track or multi-track. However, a well-prepared witness statement still carries significant weight and demonstrates that you have taken your case seriously.

The court rules governing witness statements are found in Part 32 of the Civil Procedure Rules (CPR) and Practice Direction 32. While the small claims track follows a more relaxed procedure under CPR Part 27, these rules still provide useful guidance on how to structure your statement.

When Do You Need a Witness Statement?

In the small claims track, the judge has broad discretion over how the hearing is conducted. Under CPR Part 27, the strict rules of evidence do not apply, and the judge may adopt any method of proceeding that they consider fair. However, witness statements are still commonly used and often expected.

The Directions Questionnaire (Form N180)

After the defence is filed and the case is allocated to the small claims track, both parties receive a Directions Questionnaire (Form N180). This form asks whether you intend to rely on witness evidence and, if so, how many witnesses you plan to call.

The court will then issue directions — instructions setting out what each party must do before the hearing. These directions commonly include:

• Exchange of witness statements — each party must send copies of their witness statements to the other side by a specified date
• Filing witness statements with the court — you may be required to send copies to the court as well
• Preparation of a hearing bundle — a paginated set of documents including all witness statements and supporting evidence

Situations Where Witness Statements Are Particularly Important

• When the facts are disputed — if the defendant denies what happened, your witness statement sets out your version of events
• When you have third-party witnesses — friends, family, colleagues, or experts who can corroborate your account
• When the case involves technical or detailed matters — a clear written account helps the judge follow complex facts
• When the hearing is decided on paper — some small claims are determined without an oral hearing, in which case your witness statement is the only evidence the judge will see

How to Write a Witness Statement: Step by Step

A witness statement should follow a clear, logical structure. While there is no single mandatory format for the small claims track, following the standard layout used in civil proceedings will help the judge and demonstrate professionalism.

Step 1: The Heading

Every witness statement should begin with a heading that identifies the case and the witness. This should include:

If this is the first witness statement from this witness, it should be marked “First Statement”. If you need to file a supplementary statement later, it would be the “Second Statement”, and so on. The statement number helps the court keep track of the evidence.

Step 2: The Opening Paragraph

The first paragraph of the body of your statement should introduce yourself and explain your connection to the case. This helps the judge understand who you are and why your evidence is relevant.

If you are a third-party witness rather than a party to the claim, you should explain your relationship to the parties or the events — for example, “I am a colleague of the Claimant and was present when the events described below took place.”

Step 3: The Body of the Statement

The main body of your witness statement should set out the facts in chronological order. Each paragraph should be numbered and deal with a single topic or event.

A well-structured body might cover the following areas, in order:

1. Background — how the relationship or agreement came about
2. The agreement or arrangement — what was agreed, when, and how
3. What went wrong — the breach, failure, or incident
4. Your attempts to resolve the matter — communications, complaints, pre-action steps
5. The loss or damage suffered — what you are claiming and why

Step 4: Statement of Truth

Every witness statement must end with a statement of truth. This is a legal requirement under CPR Part 22. A witness statement that does not contain a statement of truth may not be admissible as evidence.

This wording is prescribed by the Civil Procedure Rules and should be reproduced exactly. Do not paraphrase it or use alternative wording.

Step 5: Signature and Date

Below the statement of truth, you should sign and date the document. The signature block should include:

If your statement is filed electronically (for example via Money Claim Online or email), a typed name is generally acceptable in place of a handwritten signature. However, if you are filing a paper copy, you should sign it by hand.

Witness Statement Template: Worked Example

Below is a full worked example of a witness statement for a consumer dispute where goods were paid for but not received. You can use this as a template and adapt it to your own circumstances.

Exhibits and Documents

An exhibit is a document that you refer to in your witness statement to support your evidence. Exhibits might include emails, invoices, photographs, contracts, text messages, receipts, or any other relevant document.

How to Label Exhibits

Each exhibit should be given a unique reference using the witness's initials followed by a number. For example, if your name is Sarah Jane Thompson, your exhibits would be labelled SJT1, SJT2, SJT3, and so on.

When you refer to a document in the body of your statement, use a phrase such as:

• “I refer to the email dated 15 March 2025, exhibited as ‘SJT1’”
• “A copy of the invoice is exhibited at ‘SJT2’”
• “I produce a photograph of the damage, marked ‘SJT3’”

Exhibit Frontsheet

In more formal proceedings (fast track and multi-track), each exhibit should have a frontsheet — a cover page that identifies the exhibit. For the small claims track, this is not strictly required, but it is good practice. A simple frontsheet would look like this:

Bundling Your Documents

If the court directs you to prepare a hearing bundle, your exhibits should be included in a logical order, with each page numbered consecutively. A typical bundle for a small claims hearing might include:

1. Claim form and particulars of claim
2. Defence (and any counterclaim)
3. Court directions and orders
4. Claimant's witness statement(s)
5. Defendant's witness statement(s)
6. Exhibits, in the order they are referred to
7. Any expert reports (if permitted)
8. Correspondence between the parties

Tips for Writing an Effective Witness Statement

Third-Party Witness Statements

A third-party witness is someone other than the claimant or defendant who has relevant evidence to give. This might be a friend who was present during a transaction, a neighbour who witnessed an incident, a colleague who overheard a conversation, or an independent expert.

Getting a Statement from a Third-Party Witness

If someone has relevant evidence, you should ask them to provide a witness statement as early as possible. Here is how to approach it:

1. Explain the situation and ask whether they are willing to provide a statement
2. Ask them to write the statement in their own words — do not write it for them, as this can lead to accusations that the evidence has been coached
3. Provide them with the format and structure outlined in this guide
4. Ensure they sign the statement and include the statement of truth
5. Keep a copy and include the original in your hearing bundle

What If a Witness Will Not Cooperate?

You cannot force someone to give a witness statement in the small claims track. Unlike the fast track and multi-track, witness summonses are rarely used in small claims. If a witness is unwilling to provide a statement, you have limited options:

• Try to explain why their evidence is important and how the process works
• Reassure them that the small claims track is informal and they may not even need to attend court
• If they are willing to write a brief account but not attend court, a written statement is still valuable — the judge may give it some weight, even if the witness is not present to be cross-examined
• In exceptional circumstances, you can apply to the court for a witness summons (Form N20), but the court will only grant this if the evidence is essential and the witness is able to attend

At the Hearing: Giving Evidence

If your case proceeds to a hearing, you may be asked to give evidence based on your witness statement. Understanding what to expect can help reduce anxiety and ensure you present your case effectively.

Oath or Affirmation

Before giving evidence, you will be asked to take an oath (swearing on a religious text) or make an affirmation (a non-religious promise to tell the truth). Both carry the same legal weight. If you have a preference, you can let the court usher know when you arrive.

Evidence-in-Chief

In the small claims track, the judge will usually treat your witness statement as your evidence-in-chief. This means you will not need to repeat everything in your statement out loud. The judge will have read it in advance. However, the judge may ask you to confirm that your witness statement is true and that you wish to rely on it.

The judge may also ask you questions to clarify points in your statement or to explore areas that are unclear. Be honest and direct in your answers. If you do not know the answer to a question, say so — do not guess.

Cross-Examination in Small Claims

In the small claims track, cross-examination is much less formal than in higher courts. The judge controls the process and may limit questioning to relevant issues. The other party (or their representative) may ask you questions about your evidence. Key things to remember:

• Listen carefully to each question before answering
• Answer the question that was asked — do not volunteer extra information or go off on tangents
• Stay calm and polite, even if the questions feel aggressive or unfair
• If you do not understand a question, ask for it to be repeated or rephrased
• Address the judge, not the other party, when giving your answers
• If you made an error in your witness statement, acknowledge it honestly rather than trying to cover it up

The Judge's Questions

Small claims judges often take an active role in questioning witnesses. This is because many parties are litigants in person (unrepresented) and may not know how to ask the right questions. The judge may ask questions to clarify facts, test the evidence, or fill in gaps. This is a normal part of the process and does not mean the judge is against you. Answer the judge's questions directly and respectfully.

Common Mistakes to Avoid

These are the most common errors people make when preparing witness statements for small claims court. Avoiding these mistakes will strengthen your case and improve your chances of success.

Summary: Witness Statement Checklist