court personal statement witness letter sample

Character Witness Letter for Court: Examples and Templates

Writing a character witness letter for court involves detailing an individual’s positive personal qualities to aid in their legal case. Such letters can significantly impact the court’s perception of the individual in question. Below are five templates for writing a character witness letter for court, each tailored to different relationships and situations.

Character Witness Letter Template 1: For a Friend

Example for template 1, character witness letter template 2: for a colleague, example for template 2, character witness letter template 3: for a family member, example for template 3, character witness letter template 4: for a neighbor or acquaintance, example for template 4, character witness letter template 5: for a volunteer or community member, example for template 5, purpose of a character witness letter for court.

The purpose of a character witness letter for court is to provide a judge or jury with a personal insight into the character and personality of the individual on trial. These letters are written to highlight positive traits and behaviors that might help in the individual’s legal case.

Key Elements of a Character Witness Letter for Court

– Relationship to the Individual : Clearly state your relationship with the individual and how long you have known them. – Positive Character Traits : Describe specific positive traits and examples that exemplify these qualities. – Contextual Relevance : Tailor the traits and examples to be relevant to the context of the legal case. – Respectful Tone : Maintain a respectful and professional tone throughout the letter.

Tips for Writing a Character Witness Letter for Court

1. Be Honest and Sincere : Provide a truthful account of your experiences and perceptions. 2. Use Specific Examples : Illustrate character traits with specific examples and incidents. 3. Keep it Relevant : Focus on qualities that are relevant to the nature of the legal case. 4. Be Concise : Keep the letter focused and to the point. 5. Professional Format : Use a formal letter format and address it appropriately to the court or judge.

court personal statement witness letter sample

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CIVIL AND MISDEMEANORS

How to write a good character witness statement.

By Patrick Gleeson, Ph. D.,

December 12, 2018

Reviewed by Melissa McCall, J.D., M.S.

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How to Write a Character Reference Letter to a Judge for a Friend ...

A good character witness statement is an important part of many official processes and relatively simple to complete.

A strong character witness statement first identifies you as an impartial witness. It explains how you know the person and why your knowledge of his character makes your recommendation reliable. When you're addressing a legal authority, frankly acknowledge the problem that caused the person's arrest and conclude with your positive appraisal of his future conduct.

Why Your Opinion Matters

Whether you're addressing a court of a law, a parole board or a housing co-op board, the first thing you need to establish is who you are and why your reader should believe your opinions.

Let's say you're writing to a probation officer in support of a former employee's application for early release on a misdemeanor charge of public drunkenness. You might begin along these lines: I'm John Doe, a resident of San Francisco for 17 years, where I own and manage my own small business [name], a recording studio at [location]. In the course of running my business, I've hired dozens of young persons in entry level positions, either managing the front desk or serving as recording-engineer assistants. I keep close tabs on these employees. Most are at the beginning of their work lives, and they need supervision, instruction and ongoing monitoring.

Establish That You're a Good and Impartial Judge of Character

Next convince your readers that have been an impartial observer of the person's character over a long period of time. You might write something like this: In my capacity as his employer, I oversaw John Doe's work on a daily basis for more than two years. His duties varied. In the course of a shift, John would work setting up microphones, which requires carefully and accurately following instructions. At other times, he managed the front desk and answered phones, both tasks that require active listening, consistently polite behavior and tact. Another job for second engineers is fetching coffee and food. It's not the most popular task, and some of my younger employees did it grudgingly. John, however, was always willing and even enthusiastic.

Tell the Story

Explain how John did performed his tasks well. Emphasize such traits as consistency, reliability and willingness to follow directions. For example: John never missed shifts, showed up on time and performed his various tasks in ways that made him one of my best employees. Many clients complimented me about his work.

Tell the Truth

When you're giving a character reference in the context of law enforcement or legal proceedings, it's obvious that your subject isn't perfect. Don't try to hide that fact. Acknowledge it fully then, as best you can, give your readers a realistic appraisal for better conduct in the future. For example, the person is having a probation hearing following incarceration for public drunkenness. You might write on his behalf: I understand the reason I'm writing you is because John was found guilty of public drunkenness. In one way, this surprised me because I never saw him show up for work when he wasn't completely sober. But there were a couple of social occasions where I saw that he'd had too much to drink. I've talked with both John and his wife about his arrest and his sobriety. I'm pleased to learn he's entered a twelve-step program. Everything I know about him tells me that his recovery from alcoholism will continue. I'd would definitely hire him again.

Conclude by inviting your reader to contact you directly for more information.

Golden Gate Immigration: Nine Essential Elements of a Character Reference Letter
How to write reference letters
Reference sample forms (UK site)
Avoid using fancy fonts on your character witness statement, use a business-sized (10- or 11-point) type and sign your statement in black or blue ink to insure that your statement conforms to standard legal document form. Other formats may be acceptable but are certainly not as respectable. If you're called to testify, you probably won't read your entire character witness statement in court but you can ask to refer to it to "refresh your recollection".
Don't ask your friend's attorney for help writing or proofreading your statement---he could be accused by the opposition of telling you what to write.

I am a retired Registered Investment Advisor with 12 years experience as head of an investment management firm. I also have a Ph.D. in English and have written more than 4,000 articles for regional and national publications.

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How to Write a Personal Reference Letter to a Judge for Someone on Trial
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The Law Dictionary

Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

Best Way to Write a Good Character Witness Statement

Writing a character witness statement for a defendant may help them receive a reduced sentence. Without a statement, all the judge knows about the defendant is the crime committed and how the defendant acts in court. Attorneys or the defendants themselves may ask you to write a witness statement.

Since the letter is going to be reviewed by a judge , the format and tone of the statement must be professional. Make sure you have the judge’s name and title correct. Be honest in your statement. Being dishonest damages your reputation and does not help the defendant. Here is the best way to write a good character witness statement .

Ways to Write a Good Character Witness Statement

Best Way to Write a Professional Letter to a Judge

Writing A Good Character Witness Statement

Introduce yourself by name and profession. Tell the judge who you are writing the letter for. Let the judge know that you are aware of the charges against the defendant. When you know the charges against the defendant it sends the judge a message that you do know what the defendant has done but that you are still willing to write positively about the defendant.

Next, discuss how you met the defendant and how long you have known him or her. Doing so establishes your relationship with the defendant. Provide specific examples of good deeds the defendant has done. If the defendant has done volunteer work in the community, provide names of the organizations and the types of activities he or she participated in.

If the defendant is a good provider for the family or is devoted to his or her family, bring that up and provide examples. Again, be truthful:

Has the defendant given up work or education to take care of a sick relative?
Does the defendant refuse to go out drinking with his or her friends or coworkers to spend more time with his or her family?

Conclude by saying how the defendant’s incarceration will negatively affect their present, their future, their job, and their life. Be specific. Explain how the defendant’s incarceration will affect his or her family and employer. Explain how the defendant has learned from their mistake, what steps they have taken to change, and that you believe they will not make the same mistake again.

Include a telephone number in your conclusion so that the judge may reach you with any questions. Doing so shows that you are serious about helping the defendant and that you mean what you say.

This article contains general legal information but does not constitute professional legal advice for your particular situation. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

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Preparing your Witness Statement for Court: step by step (with template)

When you have to make a witness statement for court, you can avoid slip-ups.

Slip ups in witness statements make your life harder. They force you to take steps to defend what you say in court.

That might be avoidable.

Getting it right the first time has other advantages.

Avoiding mistakes gets you into a position to focus on advancing your own case. Structure your witness statements properly and cover what needs to be covered.

Below, we give some suggestions on how to prepare witness statements. We also give the low down on some of the processes that courts are likely to go through to assess and verify what you say in your witness statement.

We've also included a template witness statement below to get you started.

What are witness statements?

Witness statements are formal court documents.

They're made by witnesses to:

set out evidence to prove the facts alleged by a party in the particulars of claim , defence or other statement of case
in civil disputes, satisfy the burden of proof , which is on the balance of probabilities .

Witness statements:

are the main way courts receive evidence
may be made for the purposes of supporting an application for interim relief (such as an injunction) or relied on at the trial in court disputes
have the same general form in civil proceedings in England, whether they are used in disputes relating to contracts, work, car accidents, or disciplinary proceedings.

It's important to get right the first time (or as right as possible), because when they are signed, they're supported by a statement of truth .

First, the basics.

Then we show how witness statements are tested and challenged.

Contents of witness statements

If you are making a witness statements it should:

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 you’re an expert
exhibit documentary evidence to support the statements made
follow the chronological order of events
use numbered paragraphs so that different parts of it can be referred to quickly and easily.

It should include all the evidence that you are able to give to assist the court decide the case. More on this later under the heading, "Testing your Witness Statement".

Format wise, statements should be printed on a single side of A4 paper, and have a left margin of 35 mm. (We’ve been using 20 mm margins for years, and have never been criticised for it).

The conclusions and opinions that I come to below is sourced from a wide variety of disputes in civil proceedings. I don’t pretend that there is only one way to draft a witness statement. Each witness statement will depend upon the circumstances in which is it is required.

What is clear is that you need to think through what you say your witness statement, and the corroboration that you can use to support what you say. It will give you more credibility and make it harder to criticise what you say in your witness statement.

There are at least two ways that you can prove what you say. You can:

produce evidence that directly supports what you say. For instance, if you say a company exists, you would exhibit a page from the relevant Register of Companies in your statement, from here; or
produce evidence which tends to show what you say is true. Let's say you wanted to prove that you were in a particular place at particular time. You could produce credit card statements showing that you bought something from a shop near the venue, or a WhatsApp conversation which shows communications with the person you were about to meet, that you were running late.

When are witness statements used?

Witness statements are a fundamental tool in the civil justice system.

There are only 3 ways to for the court to receive evidence. Witness statements (and affidavits with them), oral evidence (in cross-examination and re-examination) and by judicial notice.

Courts use the evidence filed to decide issues:

at the trial: The trial takes place after all of the preparation been completed. All of the parties, their witnesses, their experts (if any) come to court for the dispute to be heard and decided by the judge. At the trial, the witness statements prepared for the trial will almost always include "lay witness statements" (lay evidence). Lay evidence is just evidence which is not expert evidence. Expert evidence is given in the form of witness statements by people specially qualified to assist the court decide technical issues. Experts in a case could include IT experts, doctors, engineers, quantity surveyors or mechanics. They are qualified to give opinions in the areas of their expertise.
Freezing Orders: preserve property pending the trial
Search Orders: preserve evidence pending the trial
Quia Timet Injunctions: prevent continuation of unlawful conduct pending the trial
strike out applications
summary judgment applications
setting aside default judgment

The form of witness statements

First page: case title.

Witness statements have a prescribed form. Witness statement should set this information out on the first page:

the title of the proceedings
the name of the person making the statement
the party to the proceedings on whose behalf the statement was made
the exhibits made in conjunction with the witness statement
the date it was made
the number of witness statement of the witness making the witness statement.

The case title makes it clear on the first page the legal proceedings witness statement is made for, and who made it.

Section: Identifying yourself

Following the case title comes a statement identifying the deponent - the person signing the witness statement.

It has a prescribed form:

"I, [name], [occupation], of [address] will say as follows:"

If the witness statement is made in a business capacity, the address should be your work address. Otherwise it is your home address.

If you are unemployed or retired, those words replace the space provided for the "occupation" of the person.

Why does it say, " will say as follows"? Aren’t I saying it now, when I sign it?

Good question.

Court procedure in England changed in about 2000. Prior to that, witness statements were not prepared before the trial. The witnesses just showed up and gave oral testimony in person. That would be the first the other party ever heard what the witness would say.

Each party had their own witnesses which they would call to court to give evidence in their favour. Their oral testimony for the party that calls them is known as their "evidence in chief". After they gave their evidence in chief, the opposing party would then have an opportunity to cross-examine them.

After cross-examination, the party that called them would have another opportunity to ask them questions. This was done to clarify anything that came up during cross-examination. This is known as re-examination.

This process still applies but witness statements replace evidence in chief given by oral testimony. Witnesses now give their evidence in chief in witness statements. When you appear at court, you are called for cross-examination.

Section: Preliminaries

Source of evidence.

Well drafted witness statements commence with a statement confirming the source of the evidence given. And then stand by it.

It usually has words like:

The facts set out in this statement are within my own knowledge save where I state otherwise. Where I refer to facts that are not within my own knowledge I will give the source of my knowledge of those facts.

Except where I indicate to the contrary, the facts and matters contained in this witness statement are within my own knowledge. Where the facts are not within my own knowledge, I have identified my sources of information or belief.

Different words, same effect and message. You’ll want to make sure you stand by it in your statement.

It serves as a reminder what of evidence should be given, and what shouldn’t - or can't - be given.

It may sound trivial. It's not.

In one case, words similar to those above were used in witness statements. But the witness statements didn't stand true to the statement. In Starbucks v British Sky Broadcasting Group , the Judge said:

Despite [using words similar to the words in blue above], some of [the] statements contained information that, as she readily acknowledged during cross-examination, was not within her own knowledge, but without making this clear or stating the source of the information. This is a breach of CPR PD32 18.2 [...]. [I]t inevitably causes unnecessary difficulties for the witness when cross-examined .
[...] The fault lies with the solicitors who drafted the witness statements. [...] This slipshod approach to the preparation of witness statements must cease.

Those "difficulties" translate to being asked in cross-examination:

whether the witness statement as a whole contains the whole truth
whether there are any other parts of the witness statement which aren't true
getting you on the back foot, and unsure of yourself when you're under pressure.

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.

If it's not within your direct knowledge: you didn't see it or experience it, it's hearsay evidence, and of little weight at all.

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:

protect you from one of the harsh technicalities of the law, and
preserve your credibility in the witness box.

Introducing the Deponent - You

Next, introduce yourself, in brief – in one or two sentences. Say who you are, and your background. Some people like to start the narrative (see below) to introduce themselves. Making a brief statement here, and then expanding on it in the narrative section (if necessary) might work better.

Also, this preliminaries section is:

a good place to say you are related to any of the parties, such as "I am an employee of the Claimant" or "I am the brother of a director of the defendant", if you are, and
a handy place to define terms and abbreviations that will be used throughout the witness statement, if there are any.

Section: This Witness Statement

It's a good idea to explain why the statement is being made, or the purpose the witness statement is being made early on. This is the place to do it.

Although it may be obvious, your witness statement may be one of many in the legal proceedings. State why the witness statement has been prepared. You will also save the judge some aggravation by having to work it out for themselves.

This may be a statement that it is made in support of an application notice, in response to an application, or for the trial.

Section: Exhibits

You will often need to refer to documents upon which you rely to state the facts that you state.

If documents are exhibited, it is a good idea to introduce them at this stage.

Also, it is usually a good idea to group exhibits by categories and make separate exhibits for each category. If they are dated, put them in date order within each exhibit.

See also the heading "Exhibits" below for guidance to arrange them.

If there is one exhibit, it could be introduced with words like:

There is now produced and shown to me a paginated bundle of relevant documents marked [exhibit reference] which I will refer to in the course of this statement in the format "[exhibit reference] / page number".

Where there is more than one exhibit, it is a good idea introduce the contents of each exhibit with a summary of its contents.

Section: The Narrative

This is the business end of the witness statement. 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.

Everyone drafts witness statements differently. To make it easy to read:

Use short sentences and paragraphs, where possible
Keep it as concise and to the point as possible
Use correct capitalisation and punctuation
Avoid huge blocks of text
It's OK to introduce documents and explain them if they need it, but don't provide extensive commentaries or opinions. That is for arguments to be put to the judge at the hearing.

In this narrative, you're telling your story.

You can only give evidence of what is in your personal knowledge. It helps to have documents which back it up. The exceptions include when someone has told you something, and you believe it. Again, preferably with documents, such as emails or instant message transcripts, if they exist.

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. It's an important distinction to make, because one is direct evidence, the other is not.

Other things to bear in mind:

If you refer to someone, introduce them by giving their full name and position or role with their employer, or some other description to explain why you are mentioning them
If you refer to a company or incorporated legal entity, state its full name, address and the sort of business it is engaged in (software developers, mechanics, consultants or suppliers as the case may be)
If you have any doubts or reservations about what you say, state them. You don’t want to be accused of misleading the court by leaving a false impression.

If possible, include answers to questions that you are likely to be asked by someone reading your statement. You’re likely to be asked in cross-examination anyway in due course.

Section: The Ending – The Statement of Truth

Witness statements have to be signed with a statement of truth . The statement of truth for witness statements is:

I believe that the facts stated in this witness statement are true. 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.

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.

You sign and date the witness statement under the statement of truth.

The capacity of the person making the witness statement should be made clear.

For instance, where the claimant is an individual and signs the statement of truth, it might appear like this:

I believe that the facts stated in this witness statement are true. 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. ........................................ Ralph Rogers The Claimant [date]

If the witness statement is made for a company which is say the second defendant in the case, it would read like this:

I believe that the facts stated in this witness statement are true. 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. [signed] ........................................ Ralph Rogers [Director] [Chief Operating Officer] for the [Second] Defendant [date]

The exhibits should be completed, printed and in front of you, with the witness statement at the time that you sign it. Sure you can do it electronically.

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. We prefer to print everything and then scan everything after it's all signed. It's a safer approach to avoid muddling the order of documents.

Nothing should be changed in the document after you sign it. If you want to make changes, you should re-prepare another version for signing and sign it all over again.

Before you serve it.

The consequences of signing a witness statement or other document verified by a statement of truth - without a genuine belief in the truth of what is said in it - are well, serious.

Changing your witness statement

After you finish and sign your statement, your recollection may change. 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. The changed evidence should be part of a further witness statement, which is served on the other parties.

Statements of truth used for expert evidence differ. The reason is that experts owe an overriding duty to the court. More on that below.

Preparing Exhibits to Witness Statements

Documents which are referred to in a witness statement are organised into one or more exhibits. They are part of the witness statement, although the exhibits may not be attached to it. When you sign the witness statement, each exhibit should be:

have numbered pages (bottom right-hand corner; "1", "2", "3" and so on), or even better [Exhibit Reference] / [page number], and
have an exhibit cover-sheet.

The numbered pages allow you to refer to page numbers of the exhibit in your witness statement. You can find the page to the exhibit in your witness statement at hearings quickly. It is better for both you and the judge (which is the person you’re trying to impress). An index to exhibits really helps as well when they contain many documents, because it helps locate individual documents in large exhibits.

If there are many documents and they can be categorised, they really should be split up into different exhibits.

Suppose a person named Ralph Rogers makes a witness statement. It has 3 exhibits. Let's say it's his second witness statement. His first witness statement had two exhibits, "RR01" and "RR02".

The exhibits to his second statement would be marked "RR03", "RR04" and "RR05". Each would be stapled separately or put into a folder where there are lots of pages which are too big to be stapled.

Check out the template exhibit cover sheet below.

It is a good idea to exhibit documents in this way because:

the documents support your case
it serves as a reminder to you of why you said something in your witness statement
it's more difficult to criticise your witness statement for lack of documentary support
you protect yourself by ensuring that what you say is referable to a specific document
when you refer to a document, you are able to refer to different parts of it, with the context of what you say in your statement
if there is anything unusual about the document, you are able to comment on it
the judge will be able to see what you are talking about, rather than have to work it out or guess what you are talking about (and then seek clarification at the hearing)
your cross-examination will be either be harder or more focused, because you've kept yourself what you can say, without sounding like a removed strange person that draws wild and baseless conclusions.
if any of the pages are illegible because the printing is faint, you should type up a copy and exhibit it with the best copy you are able to make of the poor quality document No point putting in evidence that the judge and the other parties can't read
bundles of letters, emails and messages (such as WhatsApp and text messages) should be in chronological order, so that the earliest letter is at the top and the most recent at the bottom.

Finally, at the same time you sign the statement of truth, you must verify that each exhibit is authentic. You do so by signing (or writing and signing) a statement on the exhibit cover sheet.

The statement usually says:

I verify that this is the exhibit marked '[exhibit reference]' to my [number] witness statement dated [date].

By the way, it's a good idea to spell out the date, rather than use the format "04/05/[year]". You'd use "4 May [year]".

Writing a Good Witness Statement

The importance of context.

When preparing your witness statement it's a good rule of thumb to exhibit documents to the witness statement which support the facts you state.

For instance, suppose you are in a case where the other party alleges that you misappropriated their confidential information , and then used it to make a copy their invention.

In this hypothetical, you didn’t. You made it yourself, independently of the other party over a period of months or years.

To make out your defence, you need a witness statement for trial. The court will be interested to find out how you developed your own invention. It would make sense to cover the development process, step-by-step over time.

Turn of Events

You could just tell the story that:

In one month you were doing research, then you created the proof of concept in the next month. After that might come the internal testing and analysis of results. Then you released the minimum viable product and did marketing, testing and received some feedback. And it was after that was the first you heard of the claimant: when they wrote to you claiming that you'd copied their invention.

Bare statements of fact setting out a chronology of events is, well, better than nothing. But it has little weight. There is no independent evidence to support what you say.

Documentary Support for Witness Statements

Let’s say that after you prepare that basic chronology, you go off to your archives. You start looking for documents and materials which support what you say.

Like emails and notes that show the timing of events in the development.

Here’s what you mind find:

notes of your observations of testing, results of failed tests, notes for improvements
performance results from proofs of concepts
versions of the invention
email communications with potential suppliers
discussions with others in the market
social media posts
photographs of materials used in your research
contracts with suppliers engaged
photographs from trade shows

This sort of evidence is "relevant" because it shows – or tends to show – that you were developing and did develop the invention independently of the person who says you didn't.

Think about it.

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. And a good arguable defence.

The documents you have found add credibility and believability to the witness statement.

And it's the same with causes of action other than breach of confidentiality , such as the common claims encountered in commercial litigation such as:

breach of contract
civil fraud
negligent misrepresentation
conversion , or
conspiracy .

Often a story can be told and details are left out for brevity or impact. Witness statements are not the place to do this. 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.

You need to be able to stand by the statement and tell the truth, the whole truth and nothing but the truth. Crime dramas might have made this sound a bit stale, tied or a bit worn.

You need to re-sensitise yourself to the truth when you are preparing your witness statement.

To get a sense of how courts treat misleading information, check out this article on clean hands .

Self-contained

Ideally, the reader of your witness statement shouldn’t have to refer to any other document to understand your witness statement.

This doesn’t mean duplicating copies of documents across multiple witness statements. For instance, it’s usually quite OK to refer to documents exhibited to someone else’s witness statement.

If any jargon or industry specific language needs to be used, it should be explained succinctly.

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.

Proofing your Statement

Hopefully, you will not find yourself in a position where you need to sign your witness statement on the same day that you have to file and/or serve it. 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.

When you are reading over your statement, try to spot ambiguities and gaps in reasoning or the flow of the statement. If there are gaps, fill them in so that each step follows logically and sensibly from the previous statement (or heading).

If you've told the story - the narrative - in the sequence that they took place (ie chronological order), they'll be obvious.

Don't think that if you mix up the order of events that the other party won't spend time finding the gaps and inconsistencies. Assume that effort will be made, because cross-examination is truly devastating to a witnesses' credibility: ie "believability".

Opinion Evidence

Some straight-talking.

Court decide facts based on the evidence, on the balance of probabilities . Witness statements are used to prove facts which are alleged in statements of case.

It is not for witnesses to express opinions or arguments. Sure explain the evidence presented if it does not make sense.

One of the unique features of courts is that the judges form their own view from the evidence, and decide the facts. The advocate - usually a barrister if the other party is legally represented - present arguments to the judge based on the evidence before the court. They also make submissions on glaring omissions and inconsistencies in witnesses' evidence.

You really do devalue your witness statement when you state opinions.

If a court needs an opinion, it will make orders in case management directions for the parties to have a qualified expert to receive relevant evidence from the parties and prepare a formal expert report. In that report, the expert may express a reasoned opinion based on the evidence set out in the report.

Otherwise, some courts have some tolerance for opinions. You'll want to make sure the opinion is supported by what you say in your witness statement. This is so that opinion can be proved - or at least demonstrated - objectively.

So your witness statement is not the place for:

personal opinions
prejudicial comments criticising others
opinions on the issues in dispute in the court proceedings, which the court needs to decide.

Try to avoid giving opinions unless you are formally qualified to give one, and it is objectively provable.

The Trial: Some Context

The more important witness statements in legal proceedings are used at the trial. There's a lot to think through and do if you're representing yourself in court.

When you are to appear at the trial as a witness though, you're usually invited to sit in court and listen to the evidence of the other witnesses.

If however some unfair advantage might be obtained – or perceived to be obtained – you might be asked wait outside court until you are called to give evidence.

Above, we mentioned the old procedure of giving evidence in chief orally.

You are at court to be asked questions about what you have said in your statement to assist the court arrive at the truth.

The Truth in Witness Statements

Even if you're a party to the proceedings, it's your overriding duty to tell the unvarnished truth, politely and respectfully. If you start to advocate your own case or take a side, everyone notices.

All witnesses are still sworn in today. Part of the oath or affirmation are the words, that the evidence you will give will be "the truth, the whole truth, and nothing but the truth".

Let’s break this down:

the truth: Simple. Tell the truth.
the whole truth: Don’t leave anything out that would make your evidence misleading. For instance, if you were told that something happened and didn’t see it yourself, say so.
nothing but the truth: Don’t twist anything to give the wrong impression.

And so it should be with your witness statement.

Witness statements are taken as the evidence in chief of the witness at the trial unless the court orders otherwise. Evidence in chief is the evidence that the witness gives in support of the case of the litigant for whom the statement was made.

At the trial, witnesses are usually limited to speaking to matters referred to in their witness statement, unless there is a good reason to expand upon those matters.

Witnesses are required to attend court for cross-examination by the opposing parties in the litigation if required to do so by the court or the opposing parties. Where witnesses do not appear for cross-examination, the evidence is treated as hearsay evidence and of no value or weight.

Cross-examination may relate any matter that the witness is able to deal with in respect to the issues in dispute in the litigation and your credibility.

As such, cross-examination is not limited to matters referred to in the witness statement – including statements made outside court which are inconsistent with the evidence given in the witness statement.

When you are questioned in court

The dynamic in court is this.

Barristers ask you questions.

The barrister is really asking questions on behalf of the judge. So when the barrister asks you questions, you look at them.

When you answer the question, you look at the judge.

Once you've completed answering the question, you look back at the person asking you the questions.

Can you be forced to give a witness statement?
What can happen if you do not go to court?
Are witness statements confidential?
Are Witness Statements on the Public Record?
Who gets to see witness statements?
What if a witness statement is not signed?
Differences: Affidavits vs Witness Statements
Can a witness statement be signed electronically?
Can you withdraw or retract a witness statement?
What is a Lay Witness Statement?
What is Expert Evidence?
What is the Statement of Truth that experts have to sign?
Is a Witness Statement a Statement of Case?

How Witness Statements (and witnesses) are tested

You may wonder how courts assess witness statements and your performance in court.

There are a few established and fundamental principles on how courts go about testing witness statements and the evidence given by witnesses.

Credibility of Witnesses

One of the central concepts here is credibility.

Where a witness maintains their credibility, they are more likely to be believed. Witnesses are assessed in the same way the evidence presented in their witness statement (ie scrutinised to the nth degree) and their performance in the witness box under cross-examination.

Again, the court’s overall job is to decide the truth.

Courts have long recognised that it is difficult to tell whether a witness is telling the truth or not. Courts can take into account any material before the court, and the behaviour of the witness in court.

Judges do this for a living. They are good at it.

Common-sense also plays a large part when assessing a witness, especially where there is a conflict in the evidence. A witness’s motives and overall probabilities of what they say also plays a large part: Robert Goff LJ in The Ocean Frost ( Armagas Ltd v Mundogas SA [1985] UKHL 11) .

And then, the barristers will be able to make comments on any witness’s performance in the witness box in closing submissions, long after the witness has left court.

Basic methods of checking evidence which are likely to take place include:

independently provable facts: What you say against will be checked against facts and events which are provable independently of what you say. You can bet that what you say in a witness statement will be checked against all other documentation available, some of which you may not have seen or even know about.
considering the overall probabilities of what you say: The more unreal and far-fetched your statement of fact, the better your evidence needs to be to prove it. The test here is the balance of probabilities . The balance of probabilities means that the court is satisfied an event occurred if the court considers that, on the evidence, the occurrence of the event was more likely than not. Is it more likely that your story (or part of it) took place, or another person’s version of events on the evidence available? Or none of them?
supporting evidence for serious allegations: This is an extension of what is said above, or a special case. Courts will assess the inherent probability or improbability of an event. It of itself is a matter to be taken into account when weighing the likelihood of what you say against the other evidence available. This does not mean that serious allegations require a higher standard of proof. Basically, the more improbable the event, the stronger must be the evidence to prove it. Much depends on the context within which the events are said to have happened. In the case of In Re Dellow’s Will Trusts [1964] 1 WLR 451 it was said, "The more serious the allegation the more cogent is the evidence required to overcome the unlikelihood of what is alleged and thus to prove it".
whether the witness has lied in respect of a particular part of the case or all of the evidence given
it may be that the entire case is a lie
witnesses may lie in "a stupid attempt" to bolster a case.
cross-examination: Witnesses must be challenged with the other side's case the other side disagrees with the evidence given. This involves putting the case positively, such as "you knew that the traffic light was red, and not green as you say here, don’t you?". Questions like this are an ordinary part of cross-examination. The court is testing your version of events. First it gives you the opportunity to deal with an opposing view or inconsistency. It gives the judge an opportunity to assess your performance on critical issues in dispute, and your demeanour and in the overall context of the litigation.

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.

This is probably the most important part of cross-examination.

The more serious or outlandish the allegation, the better the evidence needs to be. Trivial or inconsequential statements in evidence are less likely to require documentary support.

If a fact or event is in issue (ie the parties disagree), documentation is likely to be essential. Then documentation created at the time of the event is almost invariably more valuable than documentation created after the event.

Template Downloads:

Template: Witness Statement
Template: Exhibit cover sheet

Make sure you check out this to make sure you have got it right here before you sign off on the statement.

Disputes & Litigation Solicitors

We are experienced civil and commercial civil disputes solicitors , that have been tasked with preparing witness statements and affidavits for applications for interim injunctions and trials in business disputes.

We've seen - and orchestrated - destabilising witness evidence, and picking apart the credibility of witnesses in civil matters.

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.

If you're headed for the trial as a witness in a civil dispute or an expert asked to give evidence, or are likely to receive unwelcome questions about what is said in your witness statement, contact us on +44 20 7036 9282 or [email protected] for support to sort out your witness statement to:

help check it over before you sign it
minimise the potential of harsh cross-examination
assess the credibility of your evidence, and how it can be improved
check whether you've gone too far in what you've said, or
need to recover from a position that you'd prefer not to be in.

It may be that you'd prefer to talk through giving evidence, what to look out for and the tricks of the trade in cross-examination that can catch you out.

Although we can't tell you what you should say or not say to a court, a better informed witness is usually a better witness for the party you give evidence for.

1. Can you be forced to give a witness statement?

The simple answer is no.

However with most things in law, it's not that simple.

A party can ask the court to issue witness summons.

These used to be called subpoenas. A witness summons compels the witness to attend court to either:

give oral evidence, or
produce documents to the court.

2. What can happen if you do not go to court?

It would be a contempt of court not to appear on the date specified in a witness summons.

Also, if you still do not appear, you may be ordered to pay the costs wasted by the parties for your failure to appear. Where the parties are legally represented, sum is likely to be significant.

3. Are witness statements confidential?

Once your witness statement is served , it may only be used for the legal proceedings for which it is produced.

That rule applies unless or until:

you give your permission (in writing) for your statement to be used for another purpose, other than in the proceedings for which it was made
the court gives permission for it to be used for another purpose, or
the witness statement has been put into evidence at a hearing to be held in public, ie in open court. At that stage any confidentiality which once existed in the document is lost.

4. Are Witness Statements on the Public Record?

The short answer is: almost.

Witness statements are accessible by parties to proceedings by making an application to the court to inspect the Court's file. In the High Court, these sorts of applications are heard by a Master.

The situation is different with persons who are not parties to the specific proceedings. This includes interested third-parties, newspapers, reporters and journalists.

However, restrictions apply to documents which can be obtained from the Court file.

The following are usually able to be obtained without much trouble, by anyone:

Statements of Case , which includes the Claim Forms, Particulars of Claim, Defence, Reply to the Defence, Counterclaims, Defence to Counterclaim, Reply to Defence to the Counterclaim and Further Information and Clarification
Judgments and Orders made in public are usually able to be obtained without much trouble.

Witness statements, communications between the parties, and the parties and third parties are available for production from the public record provided the court gives permission.

An application notice must be filed to obtain that permission. A hearing is likely to be required.

A party and/or any person named in a witness statement may apply for an order that production of the witness statement is:

not available to person who is not a party to the proceedings
restricted to specified classes of person or named persons
subject to removal, redaction or otherwise edited in accordance with the order of the court prior to production

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.

5. Who gets to see witness statements?

Firstly, the party that asked you to prepare the statement will have a copy. If they are legally represented, their solicitors will see it. If they have a barrister, they will see it too.

If there are other witnesses, it may be that they shown your witness statement. Then the party that asked you to prepare it will see it.

It may be that your witness statement is relevant to an expert report which an expert needs to prepare for the trial. The expert would also receive a copy.

As part of the preparation for trial, case management directions are made early in the case.

These case management directions set the timetable for different stages, usually up to the trial. The trial is when the solicitors, witnesses and expert witnesses appear before a judge so that the case heard and the judge can decide the case.

The case management directions will require the parties to exchange witness statements. A date is fixed for exchange in the case management directions. At that stage the other side will receive a copy. If the other side is represented their solicitors, barrister and perhaps an expert may also see it.

When you appear at the trial for cross-examination, the judge will also have a copy.

The Civil Procedure Rules also provide that a party must have copies of witness statements available for members of the public. This is so that the public are able to follow what happens in court. So, members of the public may also receive a copy.

6. What if a witness statement is not signed?

In our language, the witness statement:

would carry "no weight" because it is not endorsed - or verified - by a statement of truth
may be excluded from evidence which the party is able to rely on altogether at the trial.

That means that the statements made in the witness statement could not be relied upon for the truth of what is said in the witness statement.

Courts also have the power to order the witness to verify the document with a statement of truth.

7. Differences: Affidavits vs Witness Statements

There are several differences between witness statements and affidavits.

The main ones are:

The form of an affidavit is slightly different to a witness statement. An affidavit commences with the words "I, [name], [occupation], say on oath: ...". In witness statements, the witness starts with, "I, [name], [occupation], will say as follows: ...".
Affidavits must be sworn before a solicitor, legal executive or public notary
Affidavits contain a jurat, whereas witness statements are endorsed with a statement of truth.

Affidavits are used in applications for Freezing Orders and Search orders:

Freezing Orders are court orders that prevent a person from disposing or dissipating their assets.
Search Orders effectively permit a litigant to search someone's premises for evidence relevant to proceedings.

In all other proceedings, witness statements are perfectly acceptable, unless a judge directs that affidavits be filed (with the court) and served (on the other parties).

8. Can a witness statement be signed electronically?

The short answer is yes. Or at least: we've never had a problem with electronic signatures.

However, a proper procedure should be adopted so that if anyone questions whether the witness statement was signed properly.

The process should be verifiable – to show that the witness signed the statement (rather than somebody else). An email trail which shows that process of signing helps.

It goes without saying that if the witness statement was signed, no changes should be made to it after it is signed. It should be re-made, although there is a procedure to hand-mark edits. It's not a recommended course.

We've seen witnesses cross-examined on witness statements which have been changed, or revised in further witness statements after they've had a "re-think".

It’s not pretty, if you're on the opposing side.

9. Can you withdraw or retract a witness statement?

Once a witness statement is approved by signing the statement of truth, it is your witness statement. It is your responsibility as deponent to ensure that your evidence is truthful.

Keeping to the suggestions above can help steer clear from problems preparing it in the first place, but in the final analysis the witness is responsible for what they endorse with a statement of truth.

If you have any reservations about your witness statement it should be revised before you sign it. This also applies when there is anything misleading in your witness statement.

It's the court’s job to arrive at the truth.

If you have made a witness statement and no longer wish to give evidence, see the comments above on witness summonses.

10. What is a Lay Witness Statement?

These are sometimes referred to witnesses of fact.

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. To tell the difference between expert evidence and lay evidence, here's the terminology:

"expert evidence" is given by an expert appointed by the court under CPR 35 . The evidence is almost invariably given by witness statement (rather by affidavit). The appointment of the expert will take place with the permission of the court. The permission is given in case management directions - these directions are usually made at the first case management conference .
"lay evidence" is given by a person who is not an expert for the purposes of the proceedings. A "lay witness statement" is a witness statement made by a person who is not an expert.

Suppose you are:

a fully qualified and experienced civil engineer; and
the claimant in your own legal case.

You can't be an expert in your own case involving work which is the subject of the legal proceedings. That's because you would be perceived to be biased (even if you aren't).

Suppose you have a friend who is a civil engineer.

Your friend wants you to give evidence as an expert in his case. 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.

11. What is Expert Evidence?

Lay witnesses have a limited ability to give opinions in their evidence. For the most part opinion evidence is inadmissible. It is likely be challenged by the other party, simply because lay witnesses are not qualified to give opinions in court.

While there may be some leeway on the general rule, sometimes it's best just to leave it out. The facts stated in your statement should speak for itself. Let the qualified experts give their opinion if the court wants it.

Experts have greater and overriding responsibilities to the court when they give evidence.

Although they give evidence for party that briefs them, experts owe an overriding duty to the court, and should confirm that they have done what they are meant to, in addition to the statement of truth .

Those responsibilities transcend any perceived obligations to the party for which they give evidence. See Phillips v Symes (2004).

12. Is a Witness Statement a Statement of Case?

Statements of case are prepared by parties to allege facts of the case on which they rely to succeed in their legal claim: their cause of action .

Witness statements are there to proof the facts of alleged in the statement of case .

When a statement of case is signed - endorsed with a statement of truth - the statement of case can be used as evidence of any of the matters set out in it.

If you've worked through what is set out above, you may realise that:

witness statements and statements of case serve fundamentally different purposes
the role of a statement of case as evidence is limited. There is very little to decide a fact on the balance of probabilities based on a statement of case, because there will be little evidence of the allegation in the statement of case (which would appear in a witness statement)

The court rules allow statements of case (such as particulars of claim or a defence) to be used as a matter of convenience. If an issue is dispute between the parties, a judge will be looking to receive independent evidence from the party to satisfy the burden of proof. Not rely on what is said in a statement of case.

London Litigation Lawyers

Want to say the right thing, the right way in a litigation case?

Have an urgent hearing coming up, and need a hand with a witness statement?

We've acted for, advised and assisted litigants and witnesses in commercial litigation to:

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
default judgment
summary judgment and strike out applications
security for costs
specific disclosure

We know both sides of the story, and how your opponent is likely to come at you.

helped witnesses prepare to maintain their credibility in the witness box in cross-examination
prepared witness statements for trial
appeared at case management conferences and pre-trial reviews for clients.

We're local to the Rolls Building on Fetter Lane and the Royal Courts of Justice on the Strand in London, and the Central London County Court. They're a 5 minute walk for us. You don't end up paying solicitors' travelling costs to Court.

Call to speak with one of our London litigation lawyers for help with your case on +44 20 7036 9282 or email us at [email protected] .

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How to Write a Character Witness Letter: A Step-by-Step Guide

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If you've been asked to write a character witness letter, it's important to approach the task with care and precision. This type of letter can make a significant difference in the outcome of a legal case or other important situation, as it provides important insight into the subject's character, personality, and behavior. In this guide, we'll provide a step-by-step approach to writing a character witness letter that is both effective and compelling.

Understanding the Purpose of a Character Witness Letter

A character witness letter is a written statement that attests to the subject's personal qualities, behavior, and character. The purpose of this letter is to provide an objective assessment of the subject's character, and to help others gain a better understanding of who they are as a person. Typically, a character witness letter is used in legal proceedings, such as criminal trials or custody battles, but it may also be used in other contexts, such as applications for employment or college acceptance.

Importance of a Character Witness Letter

A character witness letter is a powerful tool that can help sway the outcome of a legal case or other important situation. To be effective, however, the letter must be well-written and persuasive, highlighting the subject's best qualities while remaining objective and factual. A poorly written character witness letter can backfire, creating more harm than good.

When to Write a Character Witness Letter

You may be asked to write a character witness letter for a variety of reasons. In some cases, a friend or family member may ask you to write a letter in support of their legal case. In other cases, a professional colleague may ask you to write a letter of recommendation for them in relation to a job application or promotion. In any case, it's important to carefully consider the request before agreeing to write a letter, and to ensure that you have the time and expertise to craft an effective and persuasive document.

Gathering Information about the Subject

Before you begin writing your character witness letter, it's important to gather all the relevant information about the subject. This may include personal background, education and work experience, and any other relevant details that you feel are important to highlight. In addition, you'll want to understand your relationship with the subject, and what specific examples of good character you can draw upon in your letter.

Personal Background

Begin by gathering information about the subject's personal background. This may include their age, marital status, and any significant life events that have shaped them as a person. You'll also want to understand their personality traits, characteristics, and how they interact with others.

Relationship with the Subject

It's important to understand your relationship with the subject in order to provide an objective assessment of their character. Consider your interactions with the subject, and how they've behaved in different situations. Be honest about both their positive qualities and any negative traits that you've observed.

Specific Examples of Good Character

Identify specific examples of the subject's good character that you can draw upon in your letter. This may include examples of kindness, honesty, or integrity, or situations where the subject has demonstrated excellent judgment or leadership skills. Be prepared to offer concrete examples of the subject's behavior in different situations, and how that behavior reflects their character.

Formatting the Character Witness Letter

Once you have gathered all the relevant information about the subject, it's time to begin formatting your character witness letter. A well-formatted letter can make a significant difference in how it's received, so it's important to follow a clear and organized structure.

Proper Salutation

Begin your letter with a clear and polite salutation. Address the recipient by name, and be sure to include any relevant titles or honorifics. If you're unsure of how to address the recipient, it's appropriate to use "To Whom It May Concern."

Introduction and Purpose

In your introduction, clearly state your purpose for writing the letter. Be specific about what you are attesting to, and how you know the subject. Provide any relevant background information that will help the reader understand the context of your letter.

Body of the Letter

The body of your letter should focus on specific examples of the subject's good character. Use concrete examples to illustrate your points, and be sure to provide enough detail to make your points clear and persuasive. Avoid generic statements or unsupported opinions, and focus on providing factual information.

Closing and Signature

Close your letter by reiterating your purpose for writing and thanking the recipient for their attention. Sign your letter with your full name and contact information, including your address and phone number.

Writing the Character Witness Letter

With all the necessary information gathered and the formatting complete, it's time to begin writing your character witness letter. Writing an effective character witness letter requires careful planning and thoughtful consideration of the subject's character.

Be Honest and Objective

When writing your letter, be sure to remain honest and objective. Avoid exaggerating the subject's positive qualities or covering up any negative aspects of their character. Your letter should reflect an accurate and unbiased assessment of the subject's character, based on your personal experience and observations.

Use Clear and Concise Language

Your letter should be easy to read and understand. Use clear and concise language, and avoid using technical jargon or overly complex sentence structures. Keep your sentences short and to the point, and ensure that your letter is free of spelling and grammatical errors.

Highlight Positive Traits and Experiences

Focus on highlighting the subject's positive qualities and experiences. Use specific examples to illustrate your points, and be sure to provide enough detail to make your points clear and persuasive. Be creative and use descriptive language to bring your letter to life.

Address Any Concerns or Misconceptions

If there are any concerns or misconceptions about the subject's character, take this opportunity to address them directly. Explain any circumstances that may have led to negative behavior or misunderstandings, and provide context for any negative situations that have arisen.

ChatGPT Prompt for Writing a Character Witness Letter

Use the following prompt in an AI chatbot . Below each prompt, be sure to provide additional details about your situation. These could be scratch notes, what you'd like to say or anything else that guides the AI model to write a certain way.

Compose a detailed and comprehensive letter that serves as a testimony to the character of a particular individual, highlighting their positive attributes, accomplishments, and contributions to society. The letter should provide specific examples and anecdotes that support the individual's character, and should be written with the intention of supporting them in a legal or professional setting.

[ADD ADDITIONAL CONTEXT. CAN USE BULLET POINTS.]

Writing an effective character witness letter requires careful planning and attention to detail. By following the step-by-step guide provided in this article, you'll be able to craft a letter that is both persuasive and informative, providing valuable insight into the subject's character and behavior. Remember to remain honest and objective, use clear and concise language, and focus on highlighting the subject's positive qualities and experiences. With these tips in mind, you'll be well on your way to creating a compelling and effective character witness letter.

Free Printable Character Witness Letter Templates [PDF] Court, Judge, Custody

A character witness is an individual who provides testimony in court regarding the moral character and reputation of a person on trial. The testimony of a character witness can have a significant impact on the outcome of a legal case, making it crucial for those writing a character witness statement to carefully consider the content of their statement.

In this article, we will explore the role of a character witness, the requirements for being a character witness, and tips for writing an effective character witness statement .

Table of Contents

Character Witness Letter Templates

Character witness letter templates are pre-designed documents that provide a structured format for creating written testimonials or statements of support regarding an individual’s personal character and integrity. These templates offer a convenient and professional way to compose a character witness letter , making it easier to provide a comprehensive and well-organized account of the individual’s positive traits and behavior.

Character witness letter templates typically include sections that guide the writer in addressing important aspects such as the introduction, their relationship to the individual, specific character traits, personal anecdotes, and a concluding statement of recommendation or support. They provide prompts and placeholders to ensure that all necessary details are properly included in the letter.

Using a character witness letter template helps individuals or organizations save time and effort in creating a character reference letter while maintaining a professional and organized structure . The template provides a standardized framework that ensures relevant information is appropriately addressed, enhancing the letter’s credibility and impact.

What Is a Character Witness Letter?

A character witness letter is a written statement that attests to the moral character and reputation of a person on trial. The letter is typically written by someone who knows the person well and can speak to their positive qualities and good standing in the community. This letter is usually written in the context of a legal proceeding and is submitted as evidence to the court .

The purpose of the letter is to provide the judge or jury with additional information about the person on trial, which may help them in reaching a fair and just decision. The letter should be written in a professional and objective manner and should include specific examples of the person’s positive character traits and reputation.

The importance of Character Witness Letter

A character witness letter is important because it provides the court with additional information about the person on trial. The testimony of a character witness can have a significant impact on the outcome of a legal case, as it can provide insight into the person’s moral character and reputation. This information can be used to help the judge or jury make a fair and just decision, by providing a more complete picture of the person’s background and behavior.

Additionally, a character witness letter can help to mitigate the severity of a sentence or penalty if the person is found guilty. By providing evidence of the person’s positive character traits and reputation, a character witness letter can demonstrate that the person is remorseful and unlikely to commit similar crimes in the future.

Furthermore, a character witness letter can also serve as a form of support and validation for the person on trial. It can help them to know that they have people in their life who believe in them and are willing to speak on their behalf.

Overall, a character witness letter is an important piece of evidence in a legal proceeding and can play a critical role in the outcome of the case.

Types of Character Witness Letters

There are several different types of character witness letters that can be written in the context of a legal proceeding. Some of the most common types include:

Personal Character Witness Letter: This type of letter is written by someone who knows the person on trial personally and can speak to their character and reputation. The letter should provide specific examples of the person’s positive qualities and reputation, as well as any relevant information about their background or behavior.

Professional Character Witness Letter: This type of letter is written by someone who has a professional relationship with the person on trial, such as a coworker or employer. The letter should focus on the person’s work ethic, professionalism, and reputation in the workplace.

Expert Character Witness Letter: This type of letter is written by someone who is considered an expert in a specific field and can speak to the person’s character and reputation in that field. For example, a teacher may write a letter as an expert on the person’s academic performance.

Community Character Witness Letter: This type of letter is written by someone who knows the person on trial in the context of their community. The letter should provide information about the person’s reputation and standing in the community, as well as any relevant information about their involvement in community organizations or activities.

Rehabilitation Character Witness Letter: This type of letter is written by someone who has worked with the person on trial in a rehabilitation or counseling setting. The letter should provide information about the person’s progress and willingness to take responsibility for their actions.

How to Write a Character Witness Letter?

Writing a character witness letter can be a daunting task, as it is an important piece of evidence in a legal proceeding and can play a critical role in the outcome of the case. However, by following a few simple guidelines, you can write an effective character witness letter that will provide the court with valuable information about the person on trial.

Identify the purpose of the letter: Before you begin writing, it’s important to understand the purpose of the letter. Are you writing to attest to the person’s moral character and reputation, or are you writing to provide information about their background or behavior? Understanding the purpose of the letter will help you to focus your writing and ensure that the letter is relevant to the case.

Use a professional tone: The letter should be written in a professional and objective manner. Avoid using slang or informal language and be sure to use proper grammar and punctuation. The letter should be typed, not hand-written, and should be formatted in a clear, easy-to-read manner.

Provide specific examples: The letter should include specific examples of the person’s positive character traits and reputation. For example, if you are writing about the person’s honesty, provide an example of a time when they demonstrated honesty in a difficult situation. If you are writing about the person’s reputation, provide specific examples of how they are viewed by others in the community.

Include relevant information: The letter should include relevant information about the person’s background or behavior. For example, if the person has undergone counseling or rehabilitation, include information about their progress and willingness to take responsibility for their actions.

Be honest: It’s important to be honest when writing a character witness letter. If you do not know the person well or have concerns about their character, it’s best to not write a letter. Perjuring yourself or providing false information in a legal proceeding could lead to serious consequences.

Keep it short: A character witness letter should be concise and to the point. It should be no longer than one page.

Proofread and edit: Before submitting the letter, be sure to proofread and edit it for spelling and grammatical errors. Make sure that the letter is clear and easy to understand.

Sign and date the letter: Be sure to sign and date the letter, and include your contact information. This will make it easier for the court to contact you if they have any questions about the letter.

Be prepared to testify: If the person on trial is acquitted, it’s possible that the judge may ask you to testify in court. Be prepared to do so, if requested.

Sample Character Witness Letter

Dear [Judge/Jury],

I am writing this letter to attest to the character and reputation of [Person on Trial]. I have known [Person on Trial] for [Number of years] and have had the pleasure of working with them in [professional/personal/community] capacity. I believe that [Person on Trial] is a person of good character and reputation, and I would like to provide some examples to support this belief.

One example of [Person on Trial]’s honesty is when [specific situation]. Despite the temptation to [do something dishonest], [Person on Trial] chose to [do the honest thing]. This demonstrated to me that [Person on Trial] has a strong moral compass and a deep commitment to honesty.

In addition to [Person on Trial]’s honesty, I have also been consistently impressed by [Person on Trial]’s [specific positive trait or reputation]. I have never heard anyone speak ill of [Person on Trial] and [Person on trial] is well-respected in our community. [Person on Trial] is also known for [specific examples of community involvement or reputation].

Furthermore, [Person on Trial] has shown a willingness to take responsibility for their actions and make amends for any mistakes. [If applicable, provide specific examples of rehabilitation or counseling].

I understand that [Person on Trial] is currently on trial for [specific charge]. I believe that [Person on Trial] is not guilty of the charges, and I hope that this letter will provide valuable information to the court about [Person on Trial]’s character and reputation.

Thank you for considering my testimony. Please do not hesitate to contact me if you have any further questions or need additional information.

[Your name]

[Your contact information]

Understand the purpose of the letter
Use a professional and objective tone
Provide specific examples of the person’s positive character traits and reputation
Include relevant information about the person’s background or behavior
Be honest and do not exaggerate
Keep it short, one page is enough
Proofread and edit the letter
Sign and date the letter and include your contact information
Be prepared to testify if requested by the court.

Who can write a character witness letter?

Anyone who knows the person on trial well and can speak to their moral character and reputation can write a character witness letter. This can include friends, family members, coworkers, employers, community members, and experts in a specific field.

What should be included in a character witness letter?

A character witness letter should include specific examples of the person’s positive character traits and reputation, as well as any relevant information about their background or behavior. The letter should be written in a professional and objective manner and should not be longer than one page.

How do I format a character witness letter?

A character witness letter should be typed and formatted in a clear and easy-to-read manner. It should include a formal heading and be addressed to the judge or jury. The letter should be signed and dated, and include the contact information of the person writing the letter.

Will I have to testify in court if I write a character witness letter?

It’s possible that the judge may ask you to testify in court if the person on trial is acquitted. Be prepared to do so if requested.

Is it important to be honest when writing a character witness letter?

Yes, it is important to be honest when writing a character witness letter. Providing false information in a legal proceeding could lead to serious consequences.

Can a character witness letter help to reduce a sentence or penalty?

Yes, a character witness letter can help to mitigate the severity of a sentence or penalty if the person is found guilty. By providing evidence of the person’s positive character traits and reputation, a character witness letter can demonstrate that the person is remorseful and unlikely to commit similar crimes in the future.

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How to Write a Court Letter (With Template)

4-minute read

1st June 2023

Sending a letter to court personnel is a serious matter, so if you need to write one, ensure it makes an impact and conveys your message well. In this post, we’ll discuss the reasons you might need to write a court letter, the essential information to include, and an example of what one might look like.

What Is a Court Letter?

A court letter, also known as a legal letter or court correspondence, refers to a written document used in legal proceedings. It’s a type of formal communication addressed to court personnel, such as a judge, attorney, or another party involved in a legal case.

Court letters can serve many purposes, including requesting information, providing evidence, or asking for consideration from the court. For example, you could write a court letter on behalf of a defendant to highlight their positive qualities prior to sentencing. Or you could write a letter to a judge to provide a positive context for a family member involved in a child custody dispute.

Due to their serious nature, court letters should always be written using a professional tone of voice . It’s important to convey your ideas clearly and concisely, and while the recipient won’t be expecting perfection, do your best to ensure your letter is free of grammatical errors, spelling mistakes, and typos.

What to Include in a Court Letter

Whatever the reason for your letter, include the following information:

● Your contact information (name, address, telephone number, email address)

● The date

● The recipient’s name and the name of the court

● A subject line stating what the letter will address (if in email form)

● A greeting or salutation

● Body content

● A closing signature

Here’s a sample template for a court letter – it’s asking a judge to consider a specific claim, but it can be adapted to suit other purposes.

Court Letter Template

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[Your Name] [Your Address] [City, State ZIP Code] [Date]

[Judge’s Name] [Name of Court] [Address of Court]

[City, State ZIP Code]

Dear [Judge’s Name],

I am writing to bring your attention to a claim I have against [name of defendant] regarding [briefly describe the nature of the claim]. I am writing this letter in support of my claim and to request that the court consider my case.

On [date of incident], I [briefly describe what happened]. As a result of this incident, I have suffered [describe the relevant injuries, losses, or damages]. I have attempted to resolve this matter with [name of defendant] but have been unsuccessful in coming to a resolution.

I am requesting that the court hear my case and am seeking [describe the specific relief you’re seeking, such as monetary damages or a specific action by the defendant]. I have attached the relevant documents and evidence to support my claim.

Thank you for your time and consideration of this matter.

[Your Name]

Structuring Your Letter

As you can see above, the letter begins by formally stating the purpose for writing. The second and third paragraphs briefly and clearly describe the nature of the incident, its impact, and the desired outcome of the request. It ends by referring to supporting documents and evidence included with the letter.

If you’re writing on behalf of someone else, include your relationship with them (coworker, family member, etc.) and one or two examples that demonstrate their character to provide context for your claims.

If you’re unsure of the correct title to use for the salutation, look it up beforehand (on the court’s or law firm’s website). And when signing off, use a respectful closing signature, such as sincerely or respectfully , and your full, legal name (rather than a nickname).

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Character Reference Letter: Child Custody Template

A character reference letter to the court can be an important part of a disputed custody case.

If you're a parent pursing child custody, it's important you understand who you should ask to write a letter and how it can impact your case.

If you've been asked to write to the judge, use our sample character reference letter and fill-in-the-blank template .

What's a character reference letter?

Sometimes simply called a character letter, this letter is official legal testimony used as evidence in some child custody cases.

Similar to a declaration letter , it's a statement to the judge that supports a parent's requested custody arrangements. However, unlike a declaration letter, a character reference letter is written by someone who knows the parent (instead of the parent themself).

A character reference letter gives the judge insight into the case by offering a third party's perspective on the parent's relationship with the child. It also gives the judge more information about who the parent is, how they take care of their child and why they should have custody.

When you may need a character reference letter

Ideally, parents should work together to create their parenting plan , parenting time schedule and child support agreement.

When parents can't agree on custody, a judge (or other court official, such as a magistrate ) decides the custody orders . Each parent submits paperwork to the court detailing the arrangements they want, along with evidence to prove that their proposed arrangement is best for the child.

Both parents can submit a character reference letter as part of this paperwork. The letters are typically optional, but one can go a long way in helping the judge understand you and your parenting.

In high-conflict cases where parents make allegations against each other, character reference letters can help the judge get more information.

You may also need a character reference letter if you have issues that can cause a parent to lose custody , such as a DUI conviction or criminal record. A strong character reference letter showing how the issues are in the past and do not affect your parenting can be crucial in these situations.

Who should write a character reference letter for a custody case

Your character reference letter writer is a witness on your behalf — they should know you well, have first-hand knowledge of your relationship with your child and support your custody requests. They should be someone who has frequently observed your parenting and who can authentically speak to your character.

Common character letter writers include close relatives, friends, co-workers and supervisors. You might also ask your child's teacher or caregiver if they know you well and have personal knowledge of your parenting. Be sure to choose someone who has known you for several years and who is credible in the eyes of the court.

If you want your character reference letter to address substance abuse or a similar issue, you might ask your sponsor or therapist. Just make sure they have observed you interacting with your child.

If you have a lawyer, they'll give you guidance on whom you should ask and what issues the letter should address. They may advise you to get letters from more than one person.

Tips when asking someone to write a character reference letter

When asking someone to write a character reference letter for you:

Give them plenty of notice.
Provide them with your court's requirements (e.g., format, page length, if the letter needs to be sealed in an envelope).
Make sure they understand that the letter will be used as evidence in your case and become part of the official court record.
Give them background information about your case and explain that judges make custody decisions based on the best interests of the child .
Share this article with them, along with its downloadable example and template.

How to write a character reference letter to a judge regarding custody

If you've been asked to write a character reference letter to a judge in a custody case, be sure you're clear on the court's requirements and exactly what your letter needs to include.

Character reference letters are usually a page long (two pages max).

As you prepare to write, brainstorm what you know about the parent and make a list of information and examples you want to include. Create an outline to organize your ideas.

After writing a draft, make sure you followed your outline and the organization flows logically. Use spell- and grammar-checking tools, and proofread carefully.

Remember that writing a character reference makes you a witness in the case, so take your role and the letter seriously.

How to format a character reference letter

A typical character reference letter has the following organization.

Heading and salutation : Use business-letter formatting and include information required by the court, such as the case number. The proper form of address for a judge is "To the honorable Judge," followed by their last name.

Introduction (1 paragraph): State the name of the parent on whose behalf you're writing, explain how you know them and for how long. Clearly state your overall assessment of the parent's character and parenting, and finish the introduction with a statement in support of the parent's custody requests.

Share examples that demonstrate how the parent cares for their child and supports their best interests. Highlight the parent's strengths, and show how they play an active role in their child's upbringing and overall well-being. Be specific, and focus on the parent–child relationship.

Conclusion (1 paragraph): Clearly restate your support of the parent's custody requests. Reiterate their strengths and commitment to supporting their child's best interests.

Closing & signature : Thank the judge for their time and consideration. Sign as you would a business letter. You typically don't need to have your letter notarized.

Keep in mind that some courts or judges prefer confidential letters with the writer's signature across the envelope seal (proving that it hasn't been opened). Ask the parent for whom you're writing the letter if this is necessary.

Downloadable example and template

Below, find a sample character reference letter and a character reference letter template that you can customize. Keep in mind that court requirements and preferences vary.

Character reference letter sample
Character reference letter template

The tools you need for custody court

The Custody X Change app has many tools to help with your child custody case.

Create a detailed parenting plan that shows your requested legal custody arrangements and co-parenting rules in airtight legal language, demonstrating your competency.
Make a custom parenting time schedule to show the judge the exact physical custody arrangement you want.
Keep a custody journal to electronically organize evidence, document incidents and keep a record of co-parenting issues.
Track actual parenting time and get reports to show the judge exactly how much time each parent spends with your child.
Use the parent messaging tool to keep an accurate record of your conversations with the other parent.
Link your account to your lawyer's and print your journal, parenting time reports and messages so you can submit them to the court as evidence.

Explore examples of common schedules

Explore common schedules, join the 60,000+ other parents who have used our co-parenting tools, organize your evidence.

Track your expenses, journal what happens, and record actual time. Print organized, professional documents.

Co-parent civilly

Our parent-to-parent messaging system, which detects hostile language, lets you collaborate without the drama.

Get an accurate child support order

Child support is based on parenting time or overnights in most jurisdictions. Calculate time instead of estimating.

Succeed by negotiating

Explore options together with visual calendars and detailed parenting plans. Present alternatives and reach agreement.

Never forget an exchange or activity

Get push notifications and email reminders, sync with other calendar apps and share with the other parent.

Save up to $50,000 by avoiding court

Write your parenting agreement without lawyers. Our templates walk you through each step.

Long distance schedules

Third party schedules

Summer break

Parenting provisions

Scheduling:

How to make a schedule

Factors to consider

Parenting plans:

Making a parenting plan

Changing your plan

Interstate , long distance

Temporary plans

Guides by location:

Parenting plans

Scheduling guidelines

Child support calculators

Age guidelines:

Birth to 18 months

18 months to 3 years

3 to 5 years

5 to 13 years

13 to 18 years

Terminology:

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Sole physical custody

Joint legal custody

Sole legal custody

Product features:

Software overview

Printable calendars

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Journal what happens

Expense sharing

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Calculate time & overnights

Ways to use:

Prepare for mediation

Get ready for court

Ryan Garcia requests B-sample be tested after failed drug test

Star boxer Ryan Garcia requested Monday that his B-sample be analyzed, according to a letter obtained by ESPN, connected to adverse findings in his A-sample for the performance-enhancing drug Ostarine the day before and the day of his upset win over Devin Haney last month.

His attorney, Darin Chavez, told ESPN Tuesday that the B-sample will be opened and analyzed on May 22. Chavez will witness the examination.

Garcia, 25, had until Saturday to make the request. Garcia's A-sample also screened positive for 19-Norandrosterone, according to the Voluntary Anti-Doping Association letter that was sent last Wednesday, but its presence is unconfirmed pending further lab analysis. Chavez said a report that was received Tuesday showed 19-Norandrosterone wasn't present in Garcia's system.

Chavez claimed this is proof "we are dealing only with a known supplement contaminant in the billionth of a gram range that provided Ryan Garcia with no performance-enhancing benefit whatsoever on fight night. We now wait for B-sample testing on the presence of low-level Ostarine only on May 22.

"He was negative 17 days before," Chavez added.

Ostarine is a selective androgen receptor modulator (SARM) that attaches to proteins in the body and effectively tells muscles to grow. It is used to aid performance by helping athletes build muscle mass and enhance their rate of fat loss and also to increase stamina and recovery ability.

Ostarine has been on the World Anti-Doping Agency's banned list since 2008 and in 2022 was listed as an anabolic agent by WADA, whose rules mandate that when urine samples are collected, they are divided into A and B bottles.

The B-sample is a safeguard to ensure there was no lab contamination or error when the positive result was returned on the initial A-sample. If the B-sample returns a negative result in this instance, Garcia could be cleared.

If the B-sample also returns a positive result, Garcia and his legal team must present an argument to prove his innocence. He faces a suspension and a fine, and the result of his decision win over Haney will be overturned if he's found guilty. The New York State Athletic Commission told ESPN last week that it "is in communication with VADA and is reviewing the matter."

Garcia (25-1, 20 KOs) appeared to insinuate on social media that the adverse finding was the result of Ashwagandha Root, prompting the maker of said supplement, Gaia Herbs, to release a statement Thursday saying "contrary to any recent confusion [it] doesn't contain Ostarine."

"Everybody knows that I don't cheat," Garcia said in a video posted Wednesday on X , the day the adverse finding was revealed. "Never taken a steroid. ... I don't even know where to get steroids. ... I barely take supplements."

Oscar De La Hoya's Golden Boy Promotions said in a statement that they are working with Garcia's team to "determine how this finding came to be."

"Whoever got caught doping and admitted it? I think [Garcia] would have been the first [athlete] in history," Haney, 25, said Thursday on SportsCenter . "... As of right now it wouldn't be a [rematch] that I would entertain. This guy showed his character. He showed that he would do anything to win, including cheat. ... He put my life in jeopardy. So now it's deeper than boxing with me."

Ostarine has been used in boxing before. Lucian Bute tested positive for it in 2016 following a draw with Badou Jack in their WBC super middleweight title fight. The result was changed to a DQ win for Jack.

Amir Khan was handed a two-year ban by UK Anti-Doping (UKAD) after he tested positive for Ostarine following his sixth-round TKO loss to Kell Brook in 2022.

Garcia floored Haney three times during the majority-decision victory. Garcia also missed weight ahead of the fight, registering 143.2 pounds for the WBC 140-pound title fight. Garcia paid Haney (31-1, 15 KOs) upward of $600,000 for his failure to make weight.

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Character Witness Letters for Court (20 Examples)
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At the center of the page, write the name of the case. This is typically written as the name of the claimant or plaintiff, identified as such, followed by the word "and," then the name of the defendant, identified as the defendant. Identify yourself and your involvement with the case in the opening paragraph. Give your name, your address, your ...
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Small Claims Case No. 11478. Your Honor: My name is Victor Van Cleve. I work at Racafrax Engineering in Kansas City, Kansas, as a mechanical engineer, and I am 43 years old. On September 15, 20xx, I witnessed an auto accident a little after 7:30 a.m., involving John Swift and Peter Petrakos. I was about 50 feet away from the accident, standing ...
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A character witness letter is a written statement that attests to the subject's personal qualities, behavior, and character. The purpose of this letter is to provide an objective assessment of the subject's character, and to help others gain a better understanding of who they are as a person. Typically, a character witness letter is used in ...
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How to Write a Court Letter (With Template)
Whatever the reason for your letter, include the following information: Your contact information (name, address, telephone number, email address) The date. The recipient's name and the name of the court. A subject line stating what the letter will address (if in email form) A greeting or salutation. Body content. A closing signature.
Character Reference Letter for Court: Child Custody Template
Downloadable example and template. The tools you need for custody court. If you're a parent pursing child custody, it's important you understand who you should ask to write a letter and how it can impact your case. If you've been asked to write to the judge, use our sample character reference letter and fill-in-the-blank template.
Character Witness Statement For Court Template
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Sample Witness Statement Letter For Court
Here is the step-by-step guide on how to get the Sample Witness Statement Letter For Court: Examine the page content attentively to make sure it satisfies your needs. Read the form description or examine it through the Preview option. Locate another sample using the Search field in the header if the previous one doesn't suit you.
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Dear Judge [Judge's Last Name], I am writing this letter to offer a character reference for [Defendant's Full Name], who is due to appear before your court on [Date of Hearing]. My name is [Your Full Name], and I have been [Your Relationship to the Defendant, e.g., a close friend, employer, or colleague] for [Number of Years] years.
Ryan Garcia requests B-sample be tested after failed drug test
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