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Alice H
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2850
Experience:  Partner in national law firm with 20+ years legal experience
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I need a witness statement upcoming court case. The

Resolved Question:

I need a witness statement for an upcoming court case.
The case is a small claim regarding an accident and damage to my car.
The court ask that a 'suitably qualified person' read the statement and this fact be confirmed by a 'certificate'.
My query is - can I send a friend, for example a college lecturer, to take the statement. Or can I take the statement? Must it be a lawyer?
And how do I prepare this 'certificate'?
Thanks!
Submitted: 1 year ago.
Category: Property Law
Expert:  Alice H replied 1 year ago.
Good morning my name is ***** ***** I am happy to help you. Who is making the statement?
Customer: replied 1 year ago.
a by stander who witnessed the accident. Part of the person (who I am suing)'s property fell on my vehicle. The witness saw this happen.
Expert:  Alice H replied 1 year ago.
OK I understand. I don't understand the courts request for the suitably qualified person to 'read' the statement - do you mean 'take' the statement?
Customer: replied 1 year ago.
Thanks for your reply. the exact wording is as follows -
"If a witness is unable to read the statement in the form produced to the court, the statement must include a certificate that it has been read or interpreted to the witness by a suitably qualified person."
Expert:  Alice H replied 1 year ago.
Thanks. Its standard wording. The statement can be taken from the witness by you or some other person - it doesn't have to be a lawyer although its always better for this work to be done by somebody who is independent and impartial to the claim. What the court is saying is that if the witness doesn't speak English there must be a certificate to say the statement was read & interpreted. The interpreter then has to certify that he/she interpreted the statement. Also if the witness cannot read the statement for some other reason (e.g. blind or iliterate) then somebody has to read the statement to him/her and certify that it was done properly. If your witness is literate in English and can read the document and sign it to say its true, you don't need to do anything else. I hope this clarifies the matter for you. Alice
Customer: replied 1 year ago.
Thats perfect. Thank you for a quick and easy communication!
Expert:  Alice H replied 1 year ago.
My pleasure. Have a great weekend. Alice
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Expert:  Alice H replied 1 year ago.
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