court of protection witness statement example
An expert witness is an individual who has specialized knowledge or skills relevant to the matter at hand. Witnesses may testify in both civil and criminal legal matters. Following the case title comes a statement identifying the deponent - the person signing the witness statement. Unlike regular witnesses, expert witnesses are allowed to give professional opinions during testimony. It will give you more credibility and make it harder to criticise what you say in your witness statement. If any jargon or industry specific language needs to be used, it should be explained succinctly. Witness protection is usually provided by local police or other law enforcement officials. LE After they gave their evidence in chief, the opposing party would then have an opportunity to cross-examine them. Witness statements must: Start with the name of the case and the claim number; State the full name and address of the witness; Set out the witness's evidence clearly in numbered paragraphs. Court decide facts based on the evidence, on thebalance of probabilities. Accessing the Forms Click here for All Court of Protection forms (COP forms). It goes without saying that if the witness statement was signed, no changes should be made to it after it is signed. To make out your defence, you need a witness statement for trial. In the High Court, these sorts of applications are heard by a Master. Witness statements are given to assist the court in uncovering the truth behind the incident. To get a sense of how courts treat misleading information, check out this article on clean hands. [] The fault lies with the solicitors who drafted the witness statements. The process should be verifiable to show that the witness signed the statement (rather than somebody else). Pre-950 A.D. OldEnglish witnes (knowledge, understanding). If you are making a witness statements it should: It should include all the evidence that you are able to give to assist the court decide the case. This legal theory, silent witness, is based on the ability to provide solid proof of the validity of the photograph or recording, negating the need to have a human witness testify. nothing but the truth: Dont twist anything to give the wrong impression. The theme developed should be straightforward, clear, and designed to catch and hold the jury's attention. Court of Protection forms including the COP1 application to make decisions on someone's behalf. In Starbucks v British Sky Broadcasting Group, the Judge said: Those "difficulties" translate to being asked in cross-examination: Where the source of the information or belief is not provided, it's likely to lead to the evidence given being (at least) heavily discounted and perhaps excluded from evidence which the court is prepared to consider altogether. There is no independent evidence to support what you say. Everyone drafts witness statements differently. D#/@ This source includes a few statement examples which can be used as a reference. Basic methods of checking evidence which are likely to take place include: For these reasons, if your view is inconsistent or at odds with documents before the court, you are likely to be asked questions about it. The case management directions will require the parties to exchange witness statements. Otherwise it is your home address. Witness statements are given to assist the court in uncovering the truth behind the incident. T [Content_Types].xml ( VMO0#|]5.Z!~W=$$$KHQy3b8JU~/~MYP8%wP-$v9r4[lNT5bG+^! Under this title, you should include the following details: The statement of truth for witness statements is: I believe that the facts stated in this witness statement are true. If evidence of this sort is included, your witness statement moves from being an unsupported story, to one backed by evidence which holds its own weight. When you appear at court, you are called for cross-examination not to give oral testimony. The exhibits should be completed, printed and in front of you, with the witness statement at the time that you sign it. be written in your own words, in the first person, state facts within your personal knowledge, and if not, specify the source of the information or belief is not within your direct knowledge, not give opinions, unless youre an expert, exhibit documentary evidence to support the statements made. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. Some people like to start the narrative (see below) to introduce themselves. During trial, both the prosecution and defense are likely to call people who were present at the bar when the stabbing took place to testify about the incident. And then stand by it. This process still applies but witness statements replace evidence in chief given by oral testimony. Like emails and notes that show the timing of events in the development. If they are legally represented, their solicitors will see it. A person who testifies about what someone else told him, or what someone else said, wrote, or did, is referred to as a hearsay witness. Lay witnesses have a limited ability to give opinions in their evidence. The more serious or outlandish the allegation, the better the evidence needs to be. Use short sentences and paragraphs, where possible, Keep it as concise and to the point as possible, Use correct capitalisation and punctuation. OW2&<9ytC73$O|o>w{tYFE-L4>|DvF&r(3]RpT0381\3n|3E!dUEUw]oj9aKXnKQG(`%T@;^+2BU{[)gu@#P\Sf ge-QAO~uV*?1 6yzZH9 ]:=yW| Jfh]8C%;^U|+?cFJSMU-TaBC_mE!-J.'jVU tbH^V(rZsY7@ vvh.yGL:(R72n@Kww~^tmrqWz`qL^7v'' $t1hh(^b}!>!>W ` m;t]J|%j,> OK GZ=_;~ h{{&M1CLqgXVEV[. Specify the time and date of the occurrence. Witness statements are used to prove facts which are alleged in statements of case. The form of an affidavit is slightly different to a witness statement. You can: Witness statements are a fundamental tool in the civil justice system. Court decide facts based on the evidence, on the balance of probabilities. Once you've completed answering the question, you look back at the person asking you the questions. The barrister is really asking questions on behalf of the judge. If a fact or event is in issue (ie the parties disagree), documentation is likely to be essential. Therefore, our solicitors have broken the process down into four easy to follow stages. For example, John has always been a keen swimmer. In a witness statement, the witness provides information or evidence based on what he/she have witnessed when the particular incident or crime took place. Identify the location of the event you have witnessed. Statements of truth verify that you believe the facts stated in the document to be true and accurate: you have an honest belief in the truth of what you say. The exceptions include when someone has told you something, and you believe it. Writing a witness statement is no laughing manner, as this has something to do with the nature of the document, whichis often used as evidence for a certain case or trial. Dont include personal or financial information like your National Insurance number or credit card details. Manage Settings Avoiding mistakes gets you into a position to focus on advancing your own case. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. It may be that your witness statement is relevant to an expert report which an expert needs to prepare for the trial. /LN?N dN\(sb0z@)%COB=F>.Oq$eN0aAc9~ GwQ'eV\`y Dont worry we wont send you spam or share your email address with anyone. That's because you would be perceived to be biased (even if you aren't). You will also save the judge some aggravation by having to work it out for themselves. It really is difficult to overemphasise the importance of making it clear that facts of information and belief (and not within your own personal knowledge), indicating the source for any matters of information and belief. If the judge grants the request, the attorney is then allowed to ask leading questions, which are otherwise only allowed during a cross-examination, not questioning of the partys own witness. A party can ask the court to issue witness summons. xTEe&WHz(] It's a safer approach to avoid muddling the order of documents. U 7d"- (R~>/d J Although it may be obvious, your witness statement may be one of many in the legal proceedings. To explore this concept, consider the following witness definition. It's an important distinction to make, because one is direct evidence, the other is not. Find out about the Energy Bills Support Scheme, Property and affairs deputyship applications from 1 January 2023, Property and affairs deputyship applications before 1 January 2023, Health and welfare deputyship applications, Form COP1: Apply to make decisions on someone's behalf as a deputy, Form COP1A: Apply to make decisions on someone's behalf (property and finance), Form COP3: Make a report on someone's capacity to make decisions, Form COP4: Apply to become someone's deputy (make a declaration), Form COP5: Apply to be part of Court of Protection proceedings ('acknowledgment of service'), Form COP9: Apply to make decisions on someone's behalf ('application notice'), Tell someone youre applying to be a deputy of their property and affairs: Form COP14PADep, Tell other relevant people that youre applying to be a deputy of someones property and affairs: Form COP15PADep, Form COP24: Give a witness statement about a person who lacks capacity, Apply for help with Court of Protection fees: Form COP44A, Form COP14: Proceedings notification (Court of Protection), Form COP15: Confirmation of proceedings (Court of Protection), Form COP20A: Certificate of Notification / Non-Notification of the person to whom the proceedings relate, Form COP20B: Certificate of Service / Non-Service Notification / Non-Notification, Appointing a deputy for property and financial affairs (COP GN1), Form COP1B: Apply to make decisions on someone's behalf (personal welfare), Court of Protection: personal welfare application (COP GN4), Form COP DLA: Deprivation of liberty application form - For urgent consideration, Form COP DLB: Deprivation of liberty - Declaration of exceptional urgency, Form COP DLD: Deprivation of liberty Certificate of service non service Certificate of notification non notification, Form COP DLE: Acknowledgment of service / notification, Form COP1C: Apply to make decisions on someone's behalf (finances), Form COP1D: Apply to make decisions on someone's behalf (appoint or discharge a trustee), Form COP1E: Apply to make decisions on someone's behalf (supporting information), Form COP7: Application to object to the registration of a Lasting Power of Attorney, Form COP8: Application relating to the registration of an enduring power of attorney (EPA), Form COP10: Application notice for applications to be joined as a party, Form COP DOL10: Apply to authorise a deprivation of liberty, Form COPDOL11: Application to authorise a deprivation of liberty (Sections 4A(3) and 16(2)(a) of the Mental Capacity Act 2005), Form COP12: Special undertaking by trustees, Form COP1F: Annex F - Supporting information relating to validity or operation of enduring power of attorney (EPA) or lasting power of attorney (LPA), Form COP22: Certificate of Suitability of Litigation Friend, Form COP23: Certificate of Failure or refusal of witness to attend before an examiner, Form COP29: Notice of hearing for Committal Order, Form COP30: Notice of change of solicitor, Form COP31: Notice of intention to file evidence by deposition, Form LPA 008: Notice to the Office of the Public Guardian of an application to object to registration of a lasting power of attorney made to the Court of Protection, Court of Protection: sale of jointly owned property (COP GN2), Apply as an existing deputy to change your powers (COP GN3), Coming for a hearing at the Court of Protection in London or at one of our regional courts (COP GN5), Dealing with a protected persons property: wills, gifts, settlements (COP GN8). Daubert and Schuller appealed. After cross-examination, the party that called them would have another opportunity to ask them questions. The advocate will present argumentsto the judge based on the the evidence before the court. hzCLlfL a/0X3 -da*e-``c`ig`` X8&ff`S[&Q(` mW o Its a safer approach to avoid muddling the order of documents. Some people like to start the narrative (see below) to introduce themselves. A witness gives a supervised recital of things he or she experienced, whether by sight, hearing, smell, or other sensory perception. 646 0 obj <>stream After that might come the internal testing and analysis of results. . A witness statement is a personal account of a facts regarding an incident. For clarification, you may observe some witness statement examples in word found in this source. Jason Daubert and Eric Schuller were both born with limb-shortening birth defects, which their parents claimed were linked to the mothers ingestion of an anti-nausea drug, Bendectin, which was prescribed to her during her pregnancy. [] This slipshod approach to the preparation of witness statements must cease. If you know anything and it is left out, which leaves what is said in the witness statement untrue or misleading, you really do need to include the extra information. Basic Guide to the Court of Protection: July 2020 Page 1 . More on that below. You'd use "4 May [year]". While presenting the case, the prosecutor submits evidence gathered during the investigation, and calls witnesses, who testify about what they say, heard, or otherwise know about the case. So if you need to refer to say, software-as-a-service, you might add that it is services delivered by software from a central server in a web browser, where the user does not have a locally installed copy of the software. hb```e``g`a`bb@ !r|a:xaP FYB;:2::@b$DQ Details. Efforts to ensure testimony of a material witness may include continuing the trial, which is postponing the proceedings temporarily, if the witness is temporarily unavailable. They are good at it. In that report, the expert may express a reasoned opinion based on the evidence set out in the report. If there are many documents and they can be categorised, they really should be split up into different exhibits. If possible, include answers to questions that you are likely to be asked by someone reading your statement. In. You need to consider whether you need to put in another witness statement to avoid the other party and the court being misled by your witness statement. When writing a witness statement it is important to keep track of a few guidelines. Say who you are, and your background. The consent submitted will only be used for data processing originating from this website. You made it yourself, independently from the other party over a period of months or years. hXmo8+8,-XH6@;k)ADcgl3_d+NewC*(!Eu8tXa9, The situation is different with persons who are not parties to the specific proceedings. Well send you a link to a feedback form. You need to be able to stand by the statement and tell the truth, the whole truth and nothing but the truth. You can't (or at least shouldn't accept the appointment), because you wouldn't be seen to be independent of your friend, because of your prior relationship. Court of Protection Witness statement Case no. You can change your cookie settings at any time. Avoid making paragraphs. The exhibits should be completed, printed and in front of you, with the witness statement at the time that you sign it. The testimony of a material witness is someone who has knowledge of something that is very important to determining the outcome of the case, and because of this, the court must make every effort to allow the witness to give his testimony. Writing a witness statement can be daunting as you want to ensure it's written correctly. Witnessesought to provide an impartial opinion based on his/her observations, so that the judge may be able to decide after considering the accused persons side of the story. Witness Testimony by Letter. If they are dated, put them in date order within each exhibit. use numbered paragraphs so that different parts of it can be referred to quickly and easily. You can also search by title or form reference. But you'll want the exhibits to be in a single document (usually a PDF), paginated and with the exhibit coversheet so that there can be no confusion about what the exhibits contain. FORM COP9 - this is an additional form to be completed if the application needs to be placed on the fast track system (for example if the sale/purchase of a property is imminent). It is not for witnesses to express opinions or arguments. There are only 3 ways to for the court to receive evidence. A witness statement which contains an alteration that has not been initialled may only be used in evidence with the permission of the court. (b) Prevent attorneys from taking undue advantage of their adversary's industry and efforts. As part of the preparation for trial, case management directions are made early in the case. There are a few established and fundamental principles on how courts go about testing witness statements and the evidence given by witnesses. getting you on the back foot, and unsure of yourself when youre under pressure. Like emails and notes that show the timing of events in the development. An index to exhibits really helps as well when they contain many documents, because it helps locate individual documents in large exhibits. Having set out the context of your witness statement, the reason why it was written, the documents that will be referred to, it is time to tell your story. Hearsay testimony is very limited as to what may be presented in court. Other (please give details) 2.4ou must file a COP24 witness statement in support of your application and relevant exhibits if necessary Y Evidence attached: 2.2 If joint deputy for property and affairs, attorney or donee, I . But the witness statements didn't stand true to the statement. When you sign the witness statement, each exhibit should be: The numbered pages allows you to refer to page numbers of the exhibit in your witness statement. You really do devalue your witness statement when you state opinions. 0 Make your statement short and use simple language. A reporting witness is called to testify after the educating witness has completed his testimony. The more important witness statements in legal proceedings are used at the trial. Courts use the evidence filed to decide issues: at the trial: The trial takes place after all of the preparation been completed. In this hypothetical, you didnt. Marshals Service, to provide protection to witnesses. Check out how easy it is to complete and eSign documents online using fillable templates and a powerful editor. Daubert and Schuller sued Merrell Dow Pharmaceuticals in a California State Court. A party and/or any person named in a witness statement may apply for an order that production of the witness statement is: In every case, the court will want to know why the application is made, and most likely what uses to which the witness statement will be put, if access is granted. 1 Statement given by (name of witness)Statement1st2nd3rdOther Filed on behalf of (name of party)Date statement was madeCOP2412.17Court of Protection Witness statement London Borough of Hillingdon Case no. Under this (usually on the right-hand side) you should insert details of: the application number and, if. 0 This will sometimes be accompanied by FORM COP24 which is a witness statement, if further information is required. You do so by signing (or writing and signing) a statement on the exhibit cover sheet. The facts stated in your statement should speak for itself. How to . Making a brief statement here, and then expanding on it in the narrative section (if necessary) might work better. In addition, if the material witness is likely to flee in an effort to escape testifying, the court may issue a warrant to have the individual detained until he has testified. hmo9J> 1I$T]AQhH? Those responsibilities transcend any perceived obligations to the party for which they give evidence. The company introduced an expert witness who testified that there was no published study that demonstrated a link between the medication and limb-shortening, or teratogenic, birth defects. Usually, in a criminal investigation report, a witness is asked to write a witness statement which summarizes his/her oral statement to be delivered during a court proceeding. . Courts use the evidence filed to decide issues: Witness statements have a prescribed form. Different words, same effect and message. Review and revise your statement as necessary. The silent witness theory pertains to the introduction of photographs or video recordings as evidence, without first having a witness verify its authenticity. That would be the first time the other party would hear what the witness would say. These witnesses are called to provide testimony in support of the prosecutions case against the accused. %%EOF You made it yourself, independently of the other party over a period of months or years. Let's say it's his second witness statement. It helps to have documents which back it up. The Civil Procedure Rules were introduced in 1998 and the CPRs change it so now witness statements replace evidence in chief which before was given by oral testimony. Avoid using passive form in sentences. It is better for both you and the judge (which is the person youre trying to impress). To write a witness statement you will need to: Clearly identify yourself as the witness. You're better off if you plan to have a final version ready for proofing 7 days before it needs to be filed and/or served. Size: 57 kB. You dont want to be accused of misleading the court by leaving a false impression. Witness statements are not the place to do this. Begin the document by writing the full legal name, complete address, and the occupation of the witness giving the statement. You do so by signing (or writing and signing) a statement on the exhibit cover sheet. An example of data being processed may be a unique identifier stored in a cookie. Although it sounds silly, "lay evidence" and "lay witness statements" is evidence given by a person who is not appointed as an expert witness in the proceedings. Then we show how witness statements are tested and challenged. When you appear at the trial for cross-examination, the judge will also have a copy. You will devalue your witness statement when you state opinions. I verify that this is the exhibit marked '[exhibit reference]' to my [number] witness statement dated [date]. The purpose of using the wording at the beginning of a witness statement is, in a way, to remind witnesses of the limits of the evidence they can give, and: Next, introduce yourself, in brief in one or two sentences. You dont want to be accused of misleading the court by leaving a false impression. File Format. Want to say the right thing, the right way in a litigation case? As a commercial litigation law firm, we've advised clients on civil lawsuits in many areas of law, including intellectual property, commercial contract disputes, trademarks, trade secrets & fraud claims. You start looking for documents and materials which support what you say. A statement of truth must be dated with the date on which it was signed - ensure you date as well as sign, any relevant documents; Also, it is usually a good idea to group exhibits by categories and make separate exhibits for each category. prepare and firm up their evidence prior to hearings, check over witness statements to iron out weaknesses that will prompt criticism, avoid catastrophic mistakes in litigation that lead to averse costs orders required to be paid within 14 days, advised on the legal requirements to be successful at hearings, culled bad arguments which almost certainly hold no sway with courts, helped witnesses prepare to maintain their credibility in the witness box in cross-examination, appeared at case management conferences and.