How to commission witness statements for a legal matter

Start with the questions and intended use.

Tell the investigator which events or propositions require clarification, the relevant period and what the witness may know. Identify the instructing lawyer or other authorised person, any deadline and the reporting audience. State whether the required output is an interview record, a statement for review or another agreed form.

Provide the relevant document context through agreed transfer arrangements. A selected extract may be useful, but the brief should identify whether a complete record is available and what has been omitted. Do not assume the investigator has access to a court file, database or material held by another party.

Agree the interview arrangements.

• Confirm location and whether attendance or a remote interview is suitable.
• Identify language, accessibility and support needs before the interview.
• Agree the lawful recording and information-handling arrangements where relevant.
• Clarify who may approach the witness and how authority and purpose will be explained.
• Identify documents needed before the interview and the person who can approve follow-up work.

Preserve what the witness actually knows.

The account should distinguish what the witness saw or heard from what they were told, assumed or inferred. Approximate dates should remain approximate. A document can assist recollection without becoming the witness’s independent memory.

Questions should explore the relevant issues and competing explanations without scripting the preferred answer. If the witness cannot recall an event or a record leaves a gap, the account should preserve that limit.

Plan for review, correction and supporting records.

A prepared statement is returned for witness review and correction. The handover should identify whether the account is a draft, reviewed or executed. Supporting documents can be identified as annexures, with references reconciled to the statement and any connected chronology.

A requested reporting date must allow for witness availability, document access and review. A new document or material inconsistency may justify clarification, which should be discussed within the agreed scope.

What can your legal team receive?

The legal team determines legal strategy, privilege arrangements and the required evidentiary form. A statement is not automatically an affidavit or guaranteed admissible evidence. Confirm any specific court or tribunal requirements with the instructing advisers.

• The agreed interview or statement package.
• Identified supporting records and consistent annexure references.
• The recorded review and signing status.
• Material gaps, conflicting accounts and possible follow-up questions.

Australian enquiries for local and overseas firms.

Everguard supports law firms across Australia, including Queensland, Sydney and Melbourne, and Australian enquiries for international legal teams. Confirm the witness location, availability, service arrangements and required output for the particular instruction. National service coverage does not imply a physical office in every location.

Further reading.