What time do you need to write a witness statement?

Witnesses generally testify in court, are cross-examined and examined in court. Written testimony may only be given in exceptional circumstances. Witnesses must truthfully state the facts they know and should not testify what they think or speculate as facts.

Witnesses are liable for false statements. Witnesses and their close relatives must not retaliate for testifying, and if there is retaliation, the court will protect them.

The specific time of the event should be written, preferably to what time it was, and if you don't remember, you can write it in the morning or afternoon instead.

Witness testimony is a type of evidence. A statement made by a witness to the court or an investigative agency about the circumstances of the case that he or she is aware of.

A person who testifies to the facts of the case based on what he or she knows is called a witness. The witness system was already in place in Roman law. Roman law imposed strict restrictions on the qualifications of witnesses, such as the fact that a person who was not present could not be a witness for the proof of a legal act.

In the procedural legislation of capitalist countries, there are provisions on the qualification of witnesses. Generally speaking, any person who is able to understand and express the facts of testimony and who is able to understand the legal obligation to take the oath may act as a witness, unless otherwise provided by law. Common law countries stipulate that parties (except prosecutors) and appraisers can act as witnesses.

However, civil law countries stipulate that parties and evaluators are not allowed to serve as witnesses, and the statements of the parties and the opinions of the appraisers are independent types of evidence.

Writing a witness statement only takes the year, month and day.

Witness testimony is required to appear in court before it can be admissible. Written testimony, the basic information of the witness, the content of the facts to be proved, and the signature of the witness.

** shall notify witnesses to appear in court for cross-examination. At trial, the witness is questioned about the facts in dispute, and the witness makes a favorable or unfavorable statement. The other party may also ask the witness questions of relevant facts.

At the end of the trial, witnesses are required to sign and confirm the trial record. Admissibility is a matter for the arbitral tribunal to decide on the basis of the relevant statements.

If you don't remember the exact time, you can give yourself a rough estimate of whether it will be morning or afternoon, and what time it will be in the morning.

In China, the range of witnesses in litigation is very broad. Article 37 of the Criminal Procedure Law of the People's Republic of China stipulates: "All persons who know the circumstances of a case have the obligation to testify.

Persons who are physically or mentally handicapped or who are too young to distinguish between right and wrong and who cannot express themselves correctly cannot be witnesses. Article 61 of the Civil Procedure Law of the People's Republic of China (for Trial Implementation> has similar provisions. Chinese law stipulates that it is an honorable duty of citizens to testify, and there is no provision in the law for refusal to testify.

When a witness testifies, he should be informed of his legal responsibility for giving truthful testimony and for intentionally giving false testimony or concealing criminal evidence. At the same time, the law provides for the protection of the personal safety of witnesses. The chief judge is to preside over the questioning of witnesses during the trial.

The Civil Procedure Law (Provisional) stipulates that if a witness is unable to appear in court due to genuine difficulties, he may submit written testimony with the permission of the people's court.

Witnesses may make false statements, or their testimony may be untrue due to feelings, memories, expressions, etc., so the testimony of witnesses should be carefully examined. Article 36 of the Criminal Procedure Law stipulates: "The testimony of a witness shall be the basis for a verdict only after the prosecutor, the victim, the defendant and the defender have been interrogated and cross-examined in court, and the testimony of witnesses from all parties has been heard and verified."

The Civil Procedure Law (for Trial Implementation) also stipulates that witness testimony "must be verified as true before it can be used as the basis for determining facts".

It's better to have, and if not, it's also about time.

Legal Analysis: Testimony Format: First of all, write down the identity information of the witness, and the content of the proof:

Things are narrated, mainly describing the time, place, the process of the event, and the results seen. Note that only the facts that the witness himself has seen or heard, do not write inferences, and use concise and clear words), sign or affix a seal.

Legal basis: "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" Article 53: A person who is unable to correctly express his will cannot be a witness. Persons with no capacity for civil conduct or persons with limited capacity for civil conduct who are appropriate to their age, intellectual status, or mental health condition may serve as witnesses.

Article 57: Witnesses appearing in court to testify shall objectively state the facts they personally perceive. Where witnesses are deaf-mute, they may testify by other means. Witnesses must not use speculative, inferential, or critical language when testifying.

Article 58: Adjudicators and parties may question witnesses. Witnesses are not allowed to observe court proceedings; Other witnesses must not be present during questioning. Where the people's court finds it necessary, it may allow witnesses to confront each other.

Legal analysis: Yes, witnesses generally write their own supporting materials, because the witness has difficulty in writing, etc., can be written by others, read out and signed, or do not need to write written testimony, by the parties in accordance with the law to apply to the court for witnesses to appear in court to testify, in the court when the court directly appears in court to accept the parties and the judge's questioning. In litigation practice, after submitting the witness testimony, the opposing defense lawyer will generally require the witness to appear in court, otherwise the authenticity of the testimony will be questioned.

Legal basis: Article 72 of the Civil Procedure Law of the People's Republic of China All units and individuals who know the circumstances of the case have the obligation to appear in court to testify. The responsible person of the relevant unit shall support the witnesses in testifying. A person who is not able to express his meaning correctly cannot testify.

1. Is the witness testimony required to be handwritten?

1. Witness testimony does not have to be handwritten to be valid, and can be written or printed by hand, and there are no specific provisions. Handwriting can show the original handwriting and original image of the most primitive and authentic witness testimony, which can best reflect the unique characteristics of the witness itself, and is not easy to forge. The printed handwriting is clear and neat, and there is no ligature-to-pen font problem caused by handwriting, which is easy to read.

2. Legal basis: Article 50 of the Criminal Procedure Law of the People's Republic of China.

The materials that can be used to prove the facts of the case are all evidence. Evidence includes:

1) Physical evidence; 2) documentary evidence;

3) witness testimony;

4) Victim statements;

5) Confessions and justifications of criminal suspects or defendants;

6) Appraisal opinions;

7) Records of inquests, inspections, identifications, and investigations of Sun Hui's experiments;

8) Audio-visual materials and electronic data.

Evidence must be verified to be true before it can be used as the basis for a verdict.

2. What is the validity of the testimony of witnesses when they do not appear in court.

The validity of the testimony of a witness who does not appear in court depends on the circumstances:

1. If a witness does not appear in court to testify, the testimony may be used as evidence if there is a legitimate reason;

2. If there is no justifiable reason for not appearing in court to testify, then the testimony cannot be used as evidence alone.