This On Demand was recorded on 2 April 2026.
The written statements of witnesses are an important – and often determinative – part of any civil proceeding. Whether in the form of briefs of evidence, witness statements, affidavits, or “will say” statements, each document provides the opportunity to ensure what the witness can say is conveyed to the Court and to the other parties, and that your case is presented in the strongest way possible. Preparing these documents will also force you to grapple fully with the detail of – or holes in – the evidence in your case, so you are as informed and prepared as you can be in the lead-up to trial.
This On Demand will cover the fundamentals of the preparation of written evidence, including procedural obligations, requirements under the court rules (including under the amended High Court Rules), and some practical tips.
Learning Outcomes
- Learn about the differences between affidavits, briefs of evidence, witness statements and "will say" statements, and the rules that apply to each.
- Receive practical advice regarding the preparation of written statements of witnesses, from the selection of witnesses, to briefing witnesses, to then putting pen to paper.
- Discover what recent court decisions can teach us about the best approach in the preparation of written evidence (and what to avoid).
- Brush up on the technical formalities for briefs of evidence, witness statements, affidavits and their accompanying exhibits.
Who Should Watch?
Litigators up to intermediate level and those more senior seeking a refresher. General practitioners who do some litigation work will also benefit from attending.
Presenters
Bridgette White | Barrister, Bankside Chambers
Joanna Trezise | Special Counsel, Russell McVeagh
