Be objective. You will need to self-identify using your full Name and Residential Address in the upper left-hand corner of document you are working on. This recent article outlines how you can write your statement in four simple stages. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. LexisNexis Launches Law360 Pulse, a Comprehensive Business of Law News Service, Blog vs YouTube Over Other Websites: How to Choose, Behind the Story of Ghostbed vs. Purple Mattress Lawsuit, Investigation Reveals Goodyears Dunlop D402 Tires Have Caused Dozens of Motorcycle Accidents, Amputees Third Attempt at Holding Medical Personnel Responsible Pays Off. For example, if you are the employer of the individual it should state how important they are to the workplace and to plead to the Judge to show leniency in this case. In some cases, the witnesses may simply be asked to write out their version of events in their own words, sign the statement, date it, and most likely have it notarized. Answer a few questions to check your eligibility. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. You make your written witness statement under penalty of perjury, just as you would if you were to give oral testimony. Heading and salutation: Use business-letter formatting and include information required by the court, such as the case number. Therefore, if youre concerned about making mistakes, dont hesitate to contact a solicitor for assistance or draft the statement on your behalf. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Don't try to hide that fact. Nothing ends well when you start out like that. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction. (Date) To the Sentencing Judge, Your Honor, I have known (name) for (years) as (state relationship), and we have shared a close friendship through the years. Necessary cookies are absolutely essential for the website to function properly. Remember that you are writing your affidavit under oath. Report the subject two lines below the date. Witness statements: are the main way courts receive evidence You may want to consider the following suggestions: could also include the following information: Depending on who you are and how the court views you in consideration to the case it may or may not sway the Judge into using the letter in their final assessment. This will be considered an official correspondence regardless of the circumstances causing you to write this letter. endobj <>>> Perhaps appearing in person would expose you to unnecessary danger, or maybe the distance you would have to travel is insurmountable. If there is anything the Parent/Guardian is known for in his or her community that demonstrates his or her effectiveness as a positive force (i.e. If you list only positive and glowing traits of your friend, your affidavit won't be very credible. This cookie is set by GDPR Cookie Consent plugin. Nothing was computing very well. The cookies is used to store the user consent for the cookies in the category "Necessary". A witness statement may also be a valuable tool for refreshing the witnesss memory or for impeaching inaccurate or deceptive testimony given in court. Legal Reader is devoted to protecting consumers. Supporting facts and examples (23 paragraphs): Give more details about how you know the parent, your assessment of their character and their relationship with their child. The cookie is used to store the user consent for the cookies in the category "Other. Immigration Character Reference Letter For someone who is specifically entering the court for immigration purposes. The heading information at the top of the first page of the affidavit is called the "caption." "I am being asked to sign an affidavit of character in good standing (learned that term here) in a letter form (they. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Follow the general writing advice: "show, don't tell." These cookies ensure basic functionalities and security features of the website, anonymously. Reproduce conversations in the first person, using direct quotation, to the best of your ability. This firm does not accept service by email. It should begin with the date and include the name of the judge and title. The court will likely forgive a genuine lapse in memory, but if there is reason to believe that you have purposely omitted significant details, that could get you into big trouble. In some cases, the Defendants DUI Attorney may wish to include a Subject Line with the Case Number or to exclude the subject altogether. Nobody's perfect. Witness Statement - 9+ Examples, Format, Pdf | Examples The court clerk has to handle a lot of paperwork pertaining to the different proceedings that happen on a daily basis. ), then mention this as well. There are a variety of different kinds of legal statements, such as a motion to dismiss a case, a character reference or a witness statement. Veterans may fill out VA Form 21-10210 to submit a lay/witness statement. Character Witness Letter Template with Examples & Samples The last paragraph of this letter should reiterate the Introduction with a slightly more personal touch. By letting the judge know that you are aware of the charges committed by the defendant, it shows that you are still willing to write a good character witness statement for them. In high-conflict cases where parents make allegations against each other, character reference letters can help the judge get more information. Here are some tips for writing a statement the court will accept. Generally, writing out the name of the Month then entering the numerical Calendar Date and Year is standard. She received her JD from Indiana University Maurer School of Law in 2006. In our example, we shall use the Full Name. You may use traditional, formal court language if you prefer, which is "Comes now [your name], a nonparty, and states as follows:" followed by numbered statements. How to Write a Character Affidavit for Child Custody - WikiHow Make sure you're not being asked to say something that you don't believe or to testify to facts you haven't observed. A typical character reference letter has the following organization. Method 1 Signing an Affidavit Prepared for You Download Article 1 Understand why your affidavit is needed and how it will be used. Include your telephone number in case the judge wants to speak with you or has any questions regarding the matter. Write a heading in an upper corner of the page. The Greeting will begin your actual letter. When youre finished, dont forget to get your affidavit signed by a notary, and make a copy for your records. The third paragraph should acknowledge the Defendants mistake and, if relevant, mention any steps the Defendant has taken to change their lives. You should write the letter as if you were simply writing an informative letter to a friend telling about the claimant's life and the challenges he/she faces do to the disability. By using our site, you agree to our. A witness statement is best described as a summary of the evidence to be given by a particular witness. You may wish to include a statement declaring his or her character in some way. You also have the option to opt-out of these cookies. How to write a witness statement - lawaccess.nsw.gov.au There are several different methods of preparing a witness statement. Be specific. I always get tickled at the names the perpetrators give each other. The introduction should state who you are, how long youve known the individual, and why you feel the need to make this recommendation to the court. Thus you could simply copy the caption of one of the other documents. The website is governed by the Terms of Use and Privacy Policy and use of the site constitutes acceptance of the terms. A good character witness statement should be written professionally as it will be reviewed by a judge. Include a statement such as "I swear the information contained above is true and correct to the best of my knowledge and belief.". If appropriate, make sure to mention any strong feelings (i.e. Once, this initial information has been tended to, it will be time to open the letter by greeting the recipient. References. Sample Witness Letters for Your Social Security Disability Hearing Here's how your caregiver, friend, or former employer can write a supportive letter to Social Security. In other words, you need to explain to the court why you have the standing to speak about a certain issue. Both parents can submit a character reference letter as part of this paperwork. The court may use the witness evidence to support a partys case. However, unlike a declaration letter, a character reference letter is written by someone who knows the parent (instead of the parent themself). Ideally, parents should work together to create their parenting plan, parenting time schedule and child support agreement. However, if you do not have a compelling reason to give written testimony, the court usually requires that you appear in person. You may be indisposed because of illness or injury. If there is other supporting information that portrays the defendant in a positive way, you should include this in another paragraph. You can also find a notary service at some private businesses such as check-cashing companies, or at your local courthouse. Its important to be specific and point out how incarceration will affect the defendants family, employment and future life. An attorney might write have a statement written up and then ask the witness to sign it. At the center of the page, write the name of the case. Sign as you would a business letter. It is used either in the process of discovery as a preview of the full testimony or as the actual testimony in court. When writing a buddy letter, use VA form 21-10210. Want to save up to 30% on your monthly bills? A formal statement may be referred to as an affidavit. For example, you may believe that active membership in a church is evidence of good moral character, but that would not necessarily be persuasive evidence in the eyes of someone of a different spiritual temperament. The character witness letter is an important letter that has a significant impact on someone's career, lifestyle, and even freedom. The statement must mention and clearly label the supporting evidence. Therefore, outside of extenuating circumstances such as death of a witness such statements may not be admissible as evidence. Clearly state your overall assessment of the parent's character and parenting, and finish the introduction with a statement in support of the parent's custody requests. Your email address will not be published. Before you sign an affidavit form, talk to your friend or relative to ensure you understand the issue at hand. Clearly state your overall assessment of the parent's character and parenting, and finish the introduction with a statement in support of the parent's custody requests. Again, you will need to consult the Defendant or his or her Attorney. I was involved in a wreck and had to write down everything that happened. Then describe your relation to the defendant or to the scene of the alleged crime. Sounds like what you hear on "Cops" all the time. The exact format and space needed for a notary block vary from state to state. A supportive statement should focus on providing competent and credible information that directly relates to the veteran's disability claim. Supply your Full Name, your Residential Street Address, and your City, State, and Zip Code. We use cookies to make wikiHow great. Print your name below your Signature. One cannot question a witness that is not present. Website by DogFish Design. 2 0 obj Make Your Writing Factual and Detailed. Ask the parent for whom you're writing the letter if this is necessary. When selecting an individual who will write a character reference, it is important to select someone that has known you for a long period of time and also someone that the court will respect. To prevent your witness statement from getting lost in the shuffle, you should include the case number and name of the case, if known, toward the top of your statement. He graduated from the University of Florida with a Bachelor of Science in journalism. Because a court proceeding is formal, you may be tempted to describe the event in writing from a third-person point of view. The stages of developing a witness statement. Make sure to also state your belief in the DUI Defendants ability to move past this event. The proper form of address for a judge is "To the honorable Judge," followed by their last name. It will make your affidavit more persuasive. 3. The conclusion of your statement should indicate how incarceration will negatively affect the defendant. Following this, include the witnesss identifying information, including name and contact information. Try your best to remain balanced. Best Way to Write a Good Character Witness Statement. The case caption contains the basic information surrounding the case, including the case number, the names of involved parties, the state and county, and the name of the courthouse. Subscribe to our newsletter and learn something new every day. Depending on what you say, the attorney may ask you for supporting documents or other evidence to corroborate your statement. Keep in mind that some courts or judges prefer confidential letters with the writer's signature across the envelope seal (proving that it hasn't been opened). A witness statement is a brief summary of a witness's testimony. As you write, include any facts that may be important. How do I start? PTSD can turn a friendly, outgoing person into a withdrawn loner. A strong character reference letter showing how the issues are in the past and do not affect your parenting can be crucial in these situations. If you have a lawyer, they'll give you guidance on whom you should ask and what issues the letter should address. However, this is not always possible. Therefore, our solicitors have broken the process down into four easy to follow stages. Explain how the defendants incarceration will affect his or her family and employer. 49.12.46.26 Do not exaggerate and do not make any suppositions, i.e., guesses as to another persons state of mind or ideas that you cannot prove one way or the other. Let the judge know who you are writing the . He has written for various publications, including the alt-weekly "Creative Loafing" in Florida as well as Manhattan's "New York Press" and "Blackbook Magazine." This website uses cookies to improve your experience while you navigate through the website. If the defendant took care of a sick relative or is a good provider, this information can be used. Best Way to Write a Professional Letter to a Judge. Sincerely, Signed, Best Wishes, etc.). What Are The Four Stages Of Writing A Witness Statement? Instead of testifying in court, you would be writing down your testimony and signing it. Don't worry if you think a detail might not matter; just write down everything you . The conclusion should state the basic idea underlying the introduction and the body of this letter. The letter should be a simple 1-page document stating your experience with the recommended individual as well as why you feel the need to provide this reference. This cookie is set by GDPR Cookie Consent plugin. 3. For example, suppose your friend's custody of her child is being challenged by the child's father, who alleges that your friend is abusive. I'm writing this character witness letter for Miss Ashley Peterson who has been my office colleague for more than 3 years now. A character reference letter to the court can be an important part of a disputed custody case. Doing so establishes your relationship with the defendant. Continue the statement by listing examples of any good deeds that the defendant has completed in the past. Man writing on paper; image by Helloquence, via Unsplash.com. It should begin with the date and include the name of the judge and title. Include as many exact details as possible. Avoid making paragraphs. Begin the document by writing the full legal name, complete address, and the occupation of the witness giving the statement. How To Write a Statement (Plus Types and Examples) - Indeed Your statement will need a title. As you write your affidavit, include specific examples of good character, such as the persons roles in the community or as a parent. endobj In criminal cases, this is generally not allowed, as procedure dictates that witnesses . F{=ln\rhxD}> n[ lR j.h>sRY[deG&rTDNG\T2vgH>TIBF(,!YNBB7Gg5*2: Without any background history of the defendant, a judge can only go on what he or she sees in court and the facts presented regarding the crime. Attorneys or the defendants themselves may ask you to write a witness statement. It will be important to keep in mind that you may need to sign further documentation or even give a physical testimony in court as to this letters authenticity. Giving a witness statement. It is important to keep in mind that a Letter of Reference for a DUI Defendant will be an official document in a court of law. Let the judge know that you are aware of the charges against the defendant. It is possible in some cases, such as in small claims court or other less formal settings, that the witness statement itself will replace actual testimony. Find out the issues involved. Occasionally, the unedited witness statements are the best part about a case. Your email address will not be published. <> Without a statement, all the judge knows about the defendant is the crime committed and how the defendant acts in court. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Find out more about how were helping to provide for children and young people with complex neurodisabilities. Does the defendant refuse to go out drinking with his or her friends or coworkers to spend more time with his or her family. You will be asked to read through the finished statement and sign it. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Best Way to Write a Good Character Witness Statement, Best Way to Write a Jury Duty Excuse Letter, Best Way to Write a Professional Letter to a Judge, How To Write A Character Reference For Child Custody, Best Way To Search For A Federal Tax ID Number, Best Way to Beat a Red Light Ticket from a Traffic Camera, How To Check Immigration Status Online With An Alien Number. 50 Professional Witness Statement Forms & Templates You will need to identify the Defendant as the subject, report how you know the Defendant, and the length of time this relationship has existed. When you write a statement, you sign a statement of truth. It is also wise to list any special knowledge the witness has of the case such as being an eyewitness, being the spouse, relative, friend, neighbor, or coworker of the plaintiff or defendant, or being the person who found an important piece of evidence. stream Number the paragraphs and make sure that each paragraph has an idea or fact in it. Search online to find the form you need for your state, and then copy it onto your affidavit. The content of the body will act as support for the DUI Defendant. Give your name, your address, your age and your occupation. Doing so will lend authenticity to your statement. A witness statement is a signed document that records the evidence of a witness. Be cautious of citing facts that might not be seen as demonstrating good moral character. A police officer will write down or record what you saw, heard or know. How to Support Your VA Claim with a Lay Statement - Woods and Woods The character reference for court is to provide the Judge a family member, friend, or co-worker with a written statement on the Defendants moral or mental qualities. In writing your witness statement, write one sentence per paragraph. This article was written by Jennifer Mueller, JD. Character Reference Letter for Court: Child Custody Template Drunk Driving (DUI) If you are in need of a reference for a drunk-driving (DUI) incident maybe it is best to have someone like an employer or close family state how important you are to them. %PDF-1.5 It is also imperative that you indicate when this letter was written and submitted. London Solicitors Office29 Farm StreetMayfairLondonW1J 5RL, Brighton Solicitors Office39 Church RoadHoveEast SussexBN3 2BE. You also need to include the location and date that you sign it for purposes of later verification. A witness statement may also come in the form of a recorded statement, with the witness testifying to its accuracy on the recording. A witness statement can help the defense create a more thorough case. Be sure to choose someone who has known you for several years and who is credible in the eyes of the court. ", How to Write a Character Affidavit for Child Custody, http://www.gregoryforman.com/faqs/how-does-one-draft-an-affidavit/, http://www.iowalegalaid.org/resource/affidavits, http://family.findlaw.com/child-custody/child-custody-forms-by-state.html/, http://definitions.uslegal.com/c/caption/, http://www.ccrod.org/notary/acknowledgments.pdf. If you want your character reference letter to address substance abuse or a similar issue, you might ask your sponsor or therapist. Instead, provide specific instances of Dad's active involvement. This is a grandparents adopting a minor grandchild case. Subject - Character witness letter. They're made by witnesses to: set out evidence to prove the facts alleged by a party in the particulars of claim, defence or other statement of case in civil disputes, satisfy the burden of proof, which is on the balance of probabilities . Identify the location of the event you have witnessed. To Whom It May Concern. Witness statements are usually taken fairly soon after the event, so they're interesting because the witness hasn't had time to "get his story straight," or sufficiently alter his statement to deflect any blame from himself. By Elizabeth Dickey Free evaluation for disability benefits. CTRL + SPACE for auto-complete. PDF Witness Statement To: Friends, Family & Associates - RepresentMyself "The article uses simple wording and tremendous basic steps, in short, teaches at any level comprehension.". If you need support with writing your statement, please contact one of our solicitors on 020 3007 5500. endobj When asking someone to write a character reference letter for you: If you've been asked to write a character reference letter to a judge in a custody case, be sure you're clear on the court's requirements and exactly what your letter needs to include. This is typically written as the name of the claimant or plaintiff, identified as such, followed by the word "and," then the name of the defendant, identified as the defendant. Since an attorney has drafted your affidavit, s/he probably will provide a notary public and arrange for you to sign your affidavit, usually in the attorney's office. Witness statements can be tough, though. How Much Does It Cost to Change Your Name? As you prepare to write, brainstorm what you know about the parent and make a list of information and examples you want to include. To discuss your legal matter with a solicitor we offer an initial consultation where youll receive: To arrange your initial consultation with one of our solicitors, simply call us on 020 3007 5500. Emphasize such traits as consistency, reliability and willingness to follow directions. For example: Begin the first paragraph with your name and profession.