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Legal matters

Difference between a position statement, a witness statement and a 'note' ??

2 replies

beingniceiscool11 · 12/11/2019 10:32

Recently in court (I am a LIP) at a DRA, the other side's barrister provided me and the court with a document that was titled "Note and Position Statement" which was 6 pages long. I felt this was excessive and unfair that I was not given the opportunity to do the same and didn't know until 30 minutes before we went in front of the magistrates that they had done this lengthy statement - we had not been ordered at this point to provide any position statements.

In court I asked for the chance to write my own statement and clearly define my position. I pointed out that the "note" provided by other side was biased and heavily from one point of view. Magistrates nodded and agreed. We were then ordered to write "narrative statements" for next hearing.
But also in same wording it says we must provide a sworn statement of evidence on which he/she intends to rely upon in support of their position.
I am slightly confused by this - what is a "narrative statement" ? And am I supposed to attach pages and pages of evidence?
Should I write a statement like the one his barrister brought - it had a timeline from last proceedings and since, and quotes cherry picked from previous Section 7 report to support position.

Can I include evidence from previous statements in previous proceedings?
If I am including an email as evidence do I have to include entire email thread and say, highlight the sentence or paragraph I am using as evidence ? Do I have to provide evidence for every point I make ? Should I only make points that I have concrete written evidence for ?

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Collaborate · 12/11/2019 18:44

A narrative statement tends to be one in which you set out your allegations/what you say happened. A position statement tends to be in respect of a particular hearing, in which you set out what your position is in relation ti disputed facts and the type of order you are seeking and why.

I suspect the reason no one has answered your question is that it's impossible to answer without knowing all about the proceedings.

Generally you do have to provide evidence for every allegation that you seek a finding for. That evidence will certainly be in your statement. If it's not, your statement is highly deficient. Ideally there will possible for everything you allege which is why there are hearings and cross examination.

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HugoSpritz · 12/11/2019 18:47

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Message withdrawn at poster's request.

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