The statement for the court is written evidence that can be used to support any legal case in the future. They are prepared to be used as a legal written document for the court for any further processing.
It is arranged for various purposes such as the family court, witness statement, adoption statement, etc. The statement of court can be prepared by various people for different purposes as discussed below.
Who can write a statement for court?
It can be prepared by the following:
- 1. An applicant
- 2. A defendant
- 3. A victim
- 4. A witness
What should be in a statement?
- The statement for the court starts with the details of the case or the reason for preparing it.
For example:
Ravi Taylor VS Ronit Roy
Case No. – ST2012/02
In the local court Patna.
Statement of Simran Ghosla.
- Then there should be the following details of the person preparing the statement:
– Their name
– Address
– Occupation
For example:
[Simran Ghosla, Street no. 22, Patna, Businesswoman]
- After that, the person in chronological order states the details of the evidence.
The rules governing the court statement
The statements for the family courts are governed by the Family Proceedings Rules 1991, and states the following rules:
- The statement prepared must be signed with the date and the person’s declaration saying that it is true and it can be placed before the court.
- On the top of the statement at the left-hand side there should be the court’s full detailed name, for example, THE LOCAL COURT OF PATNA, and the case number on the right-hand side at the top.
- There should be the names of both the parties between whom the case is filed with the petitioner on the right-hand side.
- At the center, there should the ‘title’.
How to start the statement
It should begin with the reason why the person is preparing the statement i.e. “I am making this statement regarding my child’s future.”
Then the person needs to summarize the wish written in a statement and also mention the reason why the court should grant such orders. For example, in the divorce case, one person could write it such as:
i. The off days of the father are Wednesday and Friday, so the child can stay with his father on those off days.
ii. The child’s age and state the maturity level and whether they are matured enough to make the right decision with whom they want to live.
iii. Both the parent’s positive attributes can be offered.
iv. Mention the benefits of having both father and mother’s love for the child.
v. Write good reasons why the court should grant those offers and what is best for the child’s interest.
Don’t forget to state the reason that you always had a good relationship with the child, and without any meeting with the child after the divorce will be difficult for both.
Conclude the statement by mentioning that you can drop the child at school and also that you can take good care of the child.
The conclusion should be written in such a way that the court gets convinced to grant the order.
Making a statement through Affidavit
An affidavit is a written statement made to the court for self-oath. It can be handwritten, typed, or printed.
When a person prepares a statement it should be presented in the affidavit form. It means that the person swears that they are true under penalty.
The affidavit must include the facts, not the opinions, but the matters that have been experienced directly.
The person making the statement signs at the bottom of the statement under penalty of perjury.
Informal statement for the court
In some cases, the judges suggest that the witnesses, and even the parties to the case, present an informal statement. This is because many small claims in the courts involve informal proceedings where parties are encouraged to present them.
In the informal statement, a person is required to mention the details of the case and stick to the facts. The person has to write clearly and straightforwardly.
Mention all the relevant details regarding the case. If the person writing the statement is not the party, then explain the role of yourself in that case and the relationship with the party and then sign it at the last with the date.
