This Practice Note discusses giving evidence at trial under CPR 32. It also addresses giving evidence through an interpreter and remotely. Depending on the court in which your claim is proceeding, additional practices may apply, see: Court specific guidance below. You should also read this Practice Note in conjunction with: • Practice Notes: ◦ Evidence—status, use and admissibility of witness statements and proving other factual matters ◦ Witnesses—interviewing and preparing for trial [Archived] ◦ Preparing for trial ◦ Order of play and trial timetables ◦ Remote and hybrid hearings in civil proceedings ◦ Witness evidence—giving evidence remotely in civil proceedings [Archived] • Trials—overview The issue of vulnerable witnesses is covered in Practice Note: Planning, interviewing and assisting witnesses—Vulnerable witnesses. You should consider any additional provisions applicable to the specific track on which your claim is proceeding, for example, see Practice Notes: Small claims track—case management—Witness evidence, TCC—factual witness evidence and Trial witness statements in the Business and Property Courts under CPR PD 57AC. The importance

Intimidation of witnesses and jurors Intimidation of witnesses and/or jurors in criminal proceedings is an offence under section 51 of the Criminal Justice and Public Order Act 1994 (CJPOA 1994). An offence is committed where a person: • does an act which intimidates, and is intended to intimidate, another person (the victim) • does the act knowing or believing that the victim is assisting in the investigation of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence, and • does it intending to cause the investigation or the course of justice to be obstructed, perverted or interfered with 'Investigation into an offence' means an investigation by the police or other person charged with the duty of investigating offences or charging offenders. 'Offence' includes an alleged or suspected offence. 'Potential', in relation to a juror, means a person who has been summoned for jury service at the court at which proceedings for the offence are pending. Revenge against witnesses and jurors The same section creates

Corporate Crime analysis: In R v F.G.D, the Court of Appeal reversed a stay for abuse of process imposed after a complainant used AI to prepare for cross-examination. Although witness coaching by any means is prohibited, it does not of itself render a fair trial impossible; a stay remains a measure of last resort and the court must consider whether conventional trial safeguards can address any prejudice. Practitioners should discourage witnesses from using AI to prepare evidence and preserve any AI exchanges where use has occurred. Any resulting enquiry into a witness’s digital material must nevertheless pursue a reasonable line of enquiry and remain proportionate. Produced in partnership with Nick Robinson of 3PB Barristers.

[Insert party on whose behalf the statement is made—eg Claimant] [Insert name of witness—eg ‘Jane Smith’ or ‘J Smith’] [Insert number of witness statement—eg FIRST] [[Insert Exhibits—eg JS1–JS15]] [Date] [ [Date of translation] ] Case No. [insert number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [INTELLECTUAL PROPERTY ENTERPRISE COURT (IPEC)] BETWEEN [insert full name of claimant—eg PINK VELVET LIMITED]        Claimant and [insert full name of defendant]        Defendant _____________________________________________________________________ [FIRST] WITNESS STATEMENT OF JANE SMITH _____________________________________________________________________ I, JANE SMITH, of 3 Business Park, Business Town, England WILL SAY as follows: 1 I am the Chief Executive Officer of pink velvet limited. I have held this position since [insert date]. This is the [first] Witness Statement that I have made in these proceedings.[ I am the same Jane Smith that has written [insert number] previous Witness Statements in this action.] 2 I am duly authorised to make this Statement on behalf of the Claimant. The contents of this Witness Statement are based upon matters within my own knowledge[, except where otherwise

On behalf of Applicant By: [insert name] Statement No 1 Exhibits [insert details] Date: [insert date] Filed: [insert date] Court Reference No: [INSERT COURT REF. NUMBER] [ IN THE HIGH COURT OF JUSTICE] [ BUSINESS AND PROPERTY COURTS] [OF ENGLAND AND WALES] OR IN [insert location] OR THE COUNTY COURT AT [insert location] [ BUSINESS AND PROPERTY COURTS LIST In the matter of [insert company name] And In the matter of the companies act 2006 Statement of [Insert full name] I, [Insert full name], of [insert firm/company name] of [insert address] Do state as follows: 1 I am a [insert role/job title eg licensed insolvency practitioner and Fellow of the Institute of Chartered Accountants of England and Wales] in the firm of [insert firm/company

On behalf of Applicant By: [insert name] Statement No 1 Exhibits [insert details] Date: [insert date] Filed: [insert date] Court Reference No: [INSERT COURT REF. NUMBER] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT LOCATION]] [INSOLVENCY AND COMPANIES LIST (ChD)] OR IN THE HIGH COURT OF JUSTICE [CHANCERY DIVISION ] In the matter of [insert company name] And In the matter of the companies act 2006 Statement of [Insert full name] I, [Insert full name], of [insert firm/company name] of [insert address] Do state as follows: 1 I am a [insert role/job title eg licensed insolvency practitioner and Fellow of the Institute of Chartered Accountants of England and Wales] in the firm of [insert firm/company name]. [Insert

[Case number] In the Family Court Sitting at [place] [In the matter of [state the statute(s), European Regulation(s) or Protocol under which application is brought]] [And in the matter of [eg name(s), date of birth and gender of child(ren)]] Parties [insert name]        Applicant And [insert name]        [First] Respondent [And [insert name]        Second respondent (by their litigation friend/guardian) I, [insert name] of [insert address], Solicitor of the Senior Courts of England and Wales, state as follows: • I am a partner in the firm of [insert name]

Applicant: [insert initials and surname]: 1st: (exhibits).1–4: [insert date] 20[insert year] Court Reference No: [INSERT COURT REF. NUMBER] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT LOCATION]] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [INSERT LOCATION] [BUSINESS AND PROPERTY COURTS LIST] OR IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION [INSERT LOCATION] DISTRICT REGISTRY ] IN BANKRUPTCY IN THE MATTER OF [INSERT DEBTOR’S OR BANKRUPT’S NAME] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 [Insert name of the trustee in bankruptcy] The trustee in bankruptcy of [Insert the name of the bankrupt]        Applicant And [Insert name(s) of the respondent(s)]        [Respondent OR Respondents] Witness statement of [Insert name of the trustee in bankruptcy], the trustee in bankruptcy of [Insert name of the bankrupt] (in bankruptcy) in support of an application for an order for possession and sale I, [insert name of the trustee in bankruptcy], of [insert the trustee in bankruptcy's business address, firm and title] chartered accountant and licensed insolvency practitioner, will say as follows: 1 I am the Applicant in this matter and am the

Filed on behalf of the [ Claimant OR Defendant] Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE

Filed on behalf of the Defendant Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] ] [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY OR THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST] ] between: [insert name]        Claimant/Applicant and [insert name]        Defendant/Respondent _______________________________________ [NUMBER OF WITNESS STATEMENT EG FIRST] witness statement of [insert name of witness] On behalf of the DEFENDANT/RESPONDENT _______________________________________ I, [insert full name of witness] of [insert name of solicitor's firm] which practices at [insert the firm’s address], will say AS FOLLOWS: 1 Preliminaries 1.1 I am a solicitor of the Senior Courts of

ARCHIVED: This Precedent has been archived and is not maintained. For guidance on drafting witness statements in interim applications, see Practice Note: How to draft a witness statement for an interim application. For guidance on summary judgment applications, see Practice Note: Summary judgment—making an application. Filed on behalf of the [claimant OR defendant] Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN

Name: [insert] Witness Statement: [insert] Date: [insert] Exhibits: [insert] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST Between [Insert party]        Claimant/Respondent and [Insert party]        Defendant/Applicant _____________________________________________________________________ [Number of witness statement eg first] WITNESS STATEMENT OF [Insert name of witness] ON BEHALF OF THE CLAIMANT _____________________________________________________________________ 1 I am a solicitor of the Senior Courts of England and Wales and in the above firm. I have conduct of this matter on behalf of the Claimant and I am duly authorised by the Claimant to make this witness statement on [its OR their] behalf. 2 I make this witness statement in response to the Defendant’s application to set aside the Order of [Judge] dated [date] by which the Claimant was granted permission to serve proceedings on the Defendant out of the jurisdiction pursuant