Whether you are presenting an informal statement or an affidavit, here are the top five things you should not include in your written statement:
- Do not use offensive language or make any statements that could be considered libel.
- Do not make any statements that you cannot back up with facts or evidence.
- Do not make any prejudiced statements against another party in the case.
- Do not include any opinions about the outcome of the case.
- Do not make any admissions of guilt or liability.
Other Things You Should Never Include in a Court Statement
- Do not make any statements that would reveal privileged information.
- Do not make any statements that could be used to impeach you as a witness.
- Do not make any threats, either express or implied.
- Do not include any information that is irrelevant to the case or that would unnecessarily lengthen your statement.
- Do not include wordy fillers, jokes, memes, or ice breakers.
- Do not sign your statement until you’re sure it accurately reflects your account of events.
What Is a Court Statement Supposed to Be?
If you are due in court soon, you may have been ordered or asked to give a statement.
- A court statement is written evidence that supports a case.
- It has to be signed and dated by you (the writer).
- A court statement can be a witness statement, but it does not always have to be an affidavit.
- It can be witnessed, although this is not always necessary.
Statements are used in civil cases and usually are written by the one who brought the case to the court. They can be used instead of a witness attending a hearing in some cases. Each case is unique and factors like state laws, the parties involved, and the judge can influence how the statement is presented to the court.
What Happens If You Don’t Sign a Court Statement?
The court may arrest you for not signing a statement if it believes you have information relevant to a criminal case and are refusing to cooperate with the authorities. This is known as “contempt of court.”
Contempt of court is a serious offense. It can even result in jail time, so make sure you consult with an attorney if you’re summoned to sign a court statement. If you do not sign a court statement, the court may issue a warrant or take other legal action against you.
Sworn Statement vs. Affidavit
An affidavit is a written statement too, but it’s also notarized. This means that it is signed in front of a notary public, who witnesses and verifies the signature. Lawyers can use an affidavit as evidence in court. However, an affidavit is different from a sworn statement. A sworn statement is made under oath, but it is not notarized. This means that it has less legal weight than an affidavit.
What Is an Informal Court Statement?
An informal court statement is a statement that is not made under oath and is not subject to cross-examination. Informal statements are often made during pretrial proceedings, such as at a deposition or in an interview with an attorney. They can also be made during a trial, but that’s less common.
Informal statements are typically not admissible as evidence, but they can be used to impeach a witness if the witness later testifies inconsistently with the statement.
How to Write a Good Court Statement
Every court statement will be different, depending on the case and the circumstances. However, there are some general tips that can help you write a strong and effective court statement.
- Be clear and concise in your writing.
- Keep your sentences and paragraphs short, making them easier to read and understand.
- Make sure all of your facts are accurate and complete.
- Proofread your statement before submitting it to the court.
Here are other things you can include in a statement:
- Facts about how the case or accident affected you physically, mentally, and emotionally
- Things you witnessed in the aftermath of the incident (i.e., how children in the case appear to be affected)
By following these tips, you can feel confident that your court statement will be well-received and have a positive impact on your case.
Loncar Lyon Jenkins Can Help With Your Court Statement
Attorneys at Loncar Lyon Jenkins are ready to guide you through the process of writing and editing your court statement. We want to help you articulate what you witnessed or experienced so that it is easier to present before the court.
Reach out to our team today for a complimentary case review. We work on a contingency-fee basis, and our lawyers offer free consultations.
