PD32 Witness Statements: The Rules, Format and Statement of Truth (and PD 57AC for Business and Property Courts Trials)

Last reviewed: 25 September 2026 — England and Wales

General information only. This article describes the Civil Procedure Rules as at the date shown above. It is not legal advice and is not a substitute for advice on your case. For free advice, contact Citizens Advice, a Law Centre or Support Through Court.

Where the Rules Sit

• CPR Part 32 contains the rules on evidence. Rule 32.4 defines a witness statement as "a written statement signed by a person which contains the evidence which that person would be allowed to give orally". Rule 32.8 requires the statement to comply with the practice direction.
• Practice Direction 32 ("PD32") sets the form: heading, body, layout, statement of truth, alterations, translations and the consequences of getting it wrong. Its witness statement rules are paragraphs 17 to 25.
• CPR Part 22 governs statements of truth generally, and rule 32.14 allows contempt proceedings 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.
• Practice Direction 57AC adds a second layer for trial witness statements in the Business and Property Courts.

The official texts are on justice.gov.uk. Nothing on this page replaces them.

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When a Witness Statement Is Used

The general rule is that facts are proved at trial by oral evidence in public, and at any other hearing by evidence in writing (CPR 32.2). In practice that means:

• At trial, each witness serves a statement in advance and, if called, the statement stands as their evidence in chief unless the court orders otherwise (CPR 32.5(2)). The witness can amplify it or deal with new matters only with the court's permission, and only where there is good reason not to confine them to the statement (CPR 32.5(3) and (4)).
• At other hearings, evidence is generally given by witness statement unless the court, a practice direction or an enactment requires otherwise, and a party may also rely on its statement of case or application notice if verified by a statement of truth (CPR 32.6).
• Serve on time. The court fixes the date for exchange. A witness whose statement was not served in time may not be called without the court's permission (CPR 32.10).
• Use is limited. A served statement may be used only for the proceedings it was served in, unless the witness consents in writing, the court permits, or it has been put in evidence at a public hearing (CPR 32.12).

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The Heading (PD32 paragraphs 17.1 and 17.2)

The statement is headed with the title of the proceedings. In the top right-hand corner, clearly marked, go six items:

1. the party on whose behalf it is made
2. the initials and surname of the witness
3. the number of the statement in relation to that witness
4. the identifying initials and number of each exhibit referred to
5. the date the statement was made
6. the date of any translation

A typical marking reads: Claimant / J. Smith / 2nd / JS3 to JS7 / 14 September 2026.

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The Body (PD32 paragraphs 18.1 to 18.6)

Own words, first person, opening particulars (18.1). The statement must, if practicable, be in the witness's own words, must be drafted in their own language, is expressed in the first person, and starts by stating:

• the witness's full name
• their address, or, if made in a professional or business capacity, the address at which they work, the position they hold and the name of their employer
• their occupation or description
• whether they are a party to the proceedings or employed by a party
• the process by which the statement was prepared, for example face to face, over the telephone or through an interpreter

Knowledge, information and belief (18.2). The statement must indicate which of the statements are made from the witness's own knowledge and which are matters of information or belief, and the source of any matters of information or belief.

Exhibits (18.3 to 18.6). Exhibits are kept separate from the statement and verified and identified by the witness (18.3). Refer to each as "I refer to the (description of exhibit) marked 'JS1'" (18.4). The affidavit rules on marking and paginating exhibits apply (18.5, applying paragraphs 11.3 to 15.4). Where a witness makes more than one statement with exhibits in the same proceedings, exhibit numbering runs on rather than restarting (18.6).

Structure (19.2). It is usually convenient to follow the chronological sequence of events, with each paragraph confined as far as possible to a distinct part of the subject. Headings are not required by the practice direction, but they help the reader.

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The Format (PD32 paragraph 19.1)

A witness statement should:

• be on durable A4 paper with a 3.5 cm margin
• be fully legible and normally typed on one side only
• be bound securely in a way that does not hamper filing, or otherwise each page endorsed with the case number and initialled
• have its pages numbered consecutively
• be divided into numbered paragraphs
• give all numbers, including dates, in figures
• reference any document mentioned, in the margin or in bold text
• be drafted in the witness's own language

Follow these mechanically. A District Judge or Master reads dozens of statements a week and notices the ones that break the pattern.

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The Statement of Truth (PD32 paragraphs 20.1 to 20.3)

The statement ends with the statement of truth in the words prescribed by Practice Direction 22:

"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."

The witness signs and dates it personally, printing their full name beneath the signature (CPR 22.1(6)(b); PD 22 paragraphs 2.7 and 3.8). A solicitor cannot sign a witness statement on the witness's behalf. If the witness cannot read or sign the statement (other than because of language alone), it must contain a certificate by an authorised person, someone able to administer oaths and take affidavits, who need not be independent of the parties, confirming that the statement and the statement of truth were read to the witness, that the witness appeared to understand them, approved the content as accurate and understood the consequences of a false declaration, and that the witness signed or made their mark in the authorised person's presence (CPR 22.1(9); form of certificate in PD 22 paragraph 2.4).

Alterations (paragraph 22). Any alteration must be initialled by the witness (or the authorised person). A statement with an uninitialled alteration can be used only with the court's permission.

Translations (paragraph 23.2). The statement must be drafted in the witness's own language (18.1). If it is in a foreign language, the party relying on it must have it translated and file the foreign-language statement with the court, and the translator must sign the original and certify that the translation is accurate. The statement of truth must also be in the witness's own language (PD 22 paragraph 2.6).

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What Happens If the Statement Does Not Comply

Paragraph 25.1 of PD32 is blunt: where a witness statement or exhibit does not comply with Part 32 or the practice direction in relation to its form, the court may refuse to admit it as evidence and may refuse to allow the costs arising from its preparation. Under paragraph 25.2, permission to file a defective statement or use a defective exhibit may be obtained from a judge in the court where the case is proceeding. The court can also direct that a witness statement not verified by a statement of truth is not admissible as evidence (CPR 22.3).

Two other consequences bite harder than the format rules:

• Late service. No permission, no witness (CPR 32.10).
• False statements. Making a false statement without an honest belief in its truth can lead to contempt proceedings (CPR 32.14; Part 81), which can end in imprisonment.

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PD 57AC: Trial Witness Statements in the Business and Property Courts

Practice Direction 57AC applies to trial witness statements signed on or after 6 April 2021 (paragraph 1.1) for trials in the Business and Property Courts of claims under Part 7 or Part 8, unfair prejudice petitions and just and equitable winding-up petitions (paragraph 1.2). It does not apply to evidence for interim applications (paragraph 1.1(2)). Paragraph 1.3 excludes some proceedings unless the court directs otherwise, including most Insolvency Act applications, proceedings in the Intellectual Property Enterprise Court, Part 57 proceedings (probate, rectification of wills, removal of personal representatives and Inheritance Act claims), Part 64 estates, trusts and charity claims, and Technology and Construction Court adjudication enforcement.

What it adds

• Content (3.1 and 3.2). A trial witness statement contains only evidence of matters of fact that need to be proved at trial, and only evidence the witness would be asked to give if giving it orally. It is confined to the witness's personal knowledge, and must identify by list the documents the witness has referred to, or been referred to, for the purpose of providing their evidence (3.2). It must not argue the case, take the court through the documents or comment on other evidence (Appendix paragraph 3.6).
• Recollection (Appendix 3.7). On important disputed matters, the witness states, if practicable, how well they recall them and whether, how and when their memory was refreshed from documents.
• Documents (Appendix 3.4 and 3.5). Refer to documents only where necessary. Do not exhibit them; give a reference, such as the disclosure reference, so they can be found, unless the witness is producing a document not otherwise disclosed.
• Style (3.3). PD32 paragraphs 18.1 and 18.2 apply in full: own words, own language, first person.
• Best practice (3.4 and the Appendix). For represented parties, wherever practicable the statement is based on notes of an interview (Appendix 3.10) that avoids leading questions on important contentious matters, uses open questions and is recorded by a dated contemporaneous note kept by the legal representatives (3.11). Documents the witness did not create or see at the time are shown with particular caution (3.4), and the statement goes through as few drafts as practicable, because repeatedly revisiting a draft "may corrupt rather than improve recollection" (3.8). A litigant in person follows Appendix 3.14 to 3.16 instead: the witness reads the paragraph 4.1 confirmation before any draft is prepared, leading questions are avoided and a full record of questions and answers is kept.

The confirmation and the certificate

Unless the court orders otherwise, every trial witness statement ends with the witness's confirmation of compliance (paragraph 4.1), in these words:

"I understand that the purpose of this witness statement is to set out matters of fact of which I have personal knowledge. I understand that it is not my function to argue the case, either generally or on particular points, or to take the court through the documents in the case. This witness statement sets out only my personal knowledge and recollection, in my own words. On points that I understand to be important in the case, I have stated honestly (a) how well I recall matters and (b) whether my memory has been refreshed by considering documents, if so how and when. I have not been asked or encouraged by anyone to include in this statement anything that is not my own account, to the best of my ability and recollection, of events I witnessed or matters of which I have personal knowledge."

Where the party is legally represented, the statement also carries the legal representative's certificate of compliance (paragraph 4.3), signed by a legal representative authorised to conduct the litigation, certifying that the purpose and proper content of trial witness statements, and proper practice in their preparation, including the paragraph 4.1 confirmation, have been discussed with and explained to the witness, and that they believe the statement complies with PD 57AC and with PD32 paragraphs 18.1 and 18.2 and has been prepared in accordance with the Statement of Best Practice. A litigant in person's statements carry the confirmation but not the certificate; a party who acts in person to avoid the certificate risks strike-out (paragraph 5.3).

Sanctions (paragraph 5.2)

The court keeps its full case management powers (paragraph 5.1) and may refuse or withdraw permission to rely on all or part of a statement, strike it out, order it to be redrafted, make an adverse costs order, or order the witness to give some or all of their evidence in chief orally.

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A Checklist Before You Serve

1. Heading and the six top-right markings present (PD32 17.1 and 17.2)
2. Opening particulars, including how the statement was prepared (18.1)
3. First person and own words (18.1); sources of information and belief stated (18.2)
4. Exhibits referred to by number and numbered consecutively across statements (18.3 to 18.6)
5. Chronological order, numbered paragraphs, numbered pages, figures for numbers and dates (19.1 and 19.2)
6. Statement of truth in the prescribed words, signed and dated by the witness (20.1 to 20.3; CPR 22.1(6))
7. Alterations initialled (22)
8. In the Business and Property Courts at trial: the list of documents referred to, the paragraph 4.1 confirmation and, if you are legally represented, the paragraph 4.3 certificate (PD 57AC)
9. Served by the date the court ordered (CPR 32.10)

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Frequently Asked Questions

What is PD32?

Practice Direction 32 is the practice direction that supplements Part 32 of the Civil Procedure Rules on evidence. Paragraphs 17 to 25 set the form of a witness statement: the heading, the opening particulars, the first-person requirement, exhibits, layout, the statement of truth, alterations, translations and what happens if a statement does not comply.

What must the top right corner of a witness statement show?

Six things (PD32 paragraph 17.2): the party on whose behalf the statement is made, the witness's initials and surname, the number of the statement for that witness, the identifying initials and number of each exhibit, the date of the statement, and the date of any translation.

What is the statement of truth wording for a witness statement?

"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." The witness signs it personally.

Does PD 57AC apply to my case?

Only if it is a trial witness statement in the Business and Property Courts: the Chancery Division, the Commercial Court, the Technology and Construction Court, the Circuit Commercial Court and the Admiralty Court in the Rolls Building, and the Chancery, Technology and Construction and Circuit Commercial Courts in the High Court district registries (CPR 57A.1). It does not apply to County Court claims, to interim applications, or to the proceedings excluded by paragraph 1.3. From 1 October 2026 the Chancery Division is renamed the Business and Property Division, and the Commercial Court, Admiralty Court, Circuit Commercial Courts and Technology and Construction Court (High Court) all sit within it (SI 2026/723; SI 2026/817).

Can a solicitor sign the statement of truth on a witness statement?

No. CPR 22.1(6)(b) requires the statement of truth in a witness statement to be signed by the maker of the statement. A legal representative may sign for their client only on a statement of case, an application or a notice of objections to an account (CPR 22.1(6)(a)).

What is the difference between a witness statement and an affidavit?

An affidavit is sworn or affirmed before an authorised person and its format is set by PD32 paragraphs 2 to 16. A witness statement is verified by a statement of truth instead. The Civil Procedure Rules use witness statements unless the court, a rule, a practice direction or an enactment requires an affidavit (CPR 32.15). Applications for freezing injunctions and search orders must be supported by affidavit or affirmation (CPR 25.13 and 25.17), and so must contempt applications unless the court directs otherwise (CPR 81.4(1)).

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Authoritative Sources

• CPR Part 32, Evidence: justice.gov.uk/courts/procedure-rules/civil/rules/part32
• Practice Direction 32: justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32
• CPR Part 22 and Practice Direction 22, statements of truth: justice.gov.uk/courts/procedure-rules/civil/rules/part22
• Practice Direction 57AC, trial witness statements in the Business and Property Courts: justice.gov.uk

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BundleCreator's Commercial Litigation subsite at /commercial-litigation covers Business and Property Courts bundles, and its commercial witness statement template carries the PD32 statement of truth, the paragraph 4.1 confirmation and the paragraph 4.3 certificate; the heading and markings above are yours to add. Related guides: witness statements for the small claims track, for the Family Court and for the Employment Tribunal.

Stevie Hayes is the founder of BundleCreator.co, which helps litigants in person and legal professionals prepare court-ready document bundles across 24 areas of law.