The Art of Writing a Court Statement

What is a Court Statement?

A court statement is intended to provide the judge with a succinct and complete review of the issues and the evidence necessary for a decision to be made. In most cases a court statement will need to be submitted prior to a court appearance in either the superior or family court, and at the end of a trial. The court statement is used by the judge for his/her information before the court hearing as an easy way to determine where each party stands on the issues and what is necessary for either resolution or for the judge to be able to make a decision in a trial setting. In some courts the court statement must be filed prior to the court appearance. It is important to find out your specific court rules prior to preparing the court statement . The requirement may be waived in some circumstances, such as for a short appearance. If you have a court statement that was filed with the court after the deadline, you will wish to object to its use in a trial setting should you receive one without advance notice. When one party submits a court statement after the deadline it is an unfair practice and should not be accepted by the court. The judge will frequently look to the represented party and their attorney to explain the late filing. Your attorney would probably move to strike the court statement and not allow its admission into evidence. You would also be able to object to the introduction of new evidence as that testimony would not have been disclosed on your direct testimony.

Different Types of Court Statements

There are several different types of court statements, including affidavits, statements of defense, and witness statements. Affidavits are usually prepared in support of motions for interim relief in court applications or court proceedings.
Statements of defence are filed and served by the defendant in response to a summons. This document will contain the version of events that the defendant wants the court to be aware of and it is prepared with the aim of convincing the registrar that the defendant has merits to defend the issues raised in the application and or summons. In defending a judge’s action, the judge wants to know what the defendant has to say about the issues raised by the plaintiff in their particulars of claim.
Witness statements are needed for trial proceedings. These statements contain the version of events that the person who is stating the facts published there under oath is aware, has witnessed or has experienced. Depending on the type of case, the court may allow further affidavits to be filed by the parties, to confirm or deny the evidence given in other witness statements.

Essential Components of a Court Statement

The key elements of a court statement include identification details, content of the factual content, how the information is organized and the concluding remarks.
A judge prefers to see all case identification details on the front of the court statement. The date of the hearing, a description of the motion and the time allotted are put on the front page of the court statement. Then the caption in the top left-hand corner is typed to identify all the parties and their attorneys. Then the Court Reporters’ name is included along with their contact information.
The body of the court statement needs to include what happened at the hearing and what is going to happen next after the hearing. Basically, it is the road map of what’s going to happen next. The court statement is the best way to reacquaint all the parties at the hearing to what occurred at the hearing. It is the shorthand version of the minutes of the hearing.
This type of organization of the information covered in the court statement can help prepare the reader for the following events in the litigation process. As an example, in a child custody motion, the Opening Paragraph may discuss the history of the case. It may include what the judge’s orders were at the prior hearings, what papers had been filed by the parties, what evidence was introduced into the court’s record and what the judge’s ruling on the case was. Then, in the second paragraph, the court statement could describe what issues remain pending in the litigation. For example, if there are still disputes regarding legal and physical custody and visitation, those issues could be set out in that second paragraph. And then in the third paragraph, the court statement could describe what the parties were ordered to do by the judge after the hearing. For example, the judge could have ordered visitation with a mental health professional or a neutral evaluator or advisor to the parents for purposes of gathering more information for the court. Or, the court could have ordered the parties to attend some type of parenting classes. The Court should always provide deadlines for the parties to comply with all orders. If the court directs a party retain an expert or to pay a bill, it is imperative to put the deadline in the court statement to jog the memory of the litigants to comply with the directive of the judge.
At times, the court statement will include a short conclusion as to what will be happening in the future. For example, if the case was a general family law matter, a conclusion could read: "The next family court status conference will be held on October 23, 2015, at 9:00 in Department 1." You can also list suggested hearing dates which the court would like for the parties to block out on respective calendars. For example, if you know that you would like the judge to hear a further motion to compel, block out the upcoming dates that have been suggested by the court. You don’t need to ask the court to pretend and not know that you have likely already set hearing dates with the department after talking to the Court Clerk’s office.
At times the court statement may become too lengthy. At such times there are two solutions. Select the most relevant information to relay to the reader. For example, if the parties are in the middle of a custody dispute, and the court’s orders are the same as at the last hearing, you may want to omit the prior history of the events that have led to the current motion. This will help reduce the length of the court statement and help the reader focus on the present events being reported on. Lastly, it is important to provide a typist all the information that is needed to master the art of writing a court statement.

How to Write One – A Step-by-Step Guide

A step-by-step guide to drafting a court statement
While the approach to writing a statement will usually vary from case to case, the process is generally the same. It should involve the following steps:
Get the facts.
The first stage of the writing process is usually the most important. It involves gathering the facts to frame the issues in dispute so that you can prepare drafts of the statement.
In preparing the statement you will have to consider who you need to speak to, and how to get the information that you want. Lawyers might assemble information from clients, witnesses and expert witnesses to prepare and draft statements (under the directions of the lawyers) that will be used in court.
Identify the issues.
At this stage, you will have to investigate and identify the areas in which the parties to the dispute may or may not agree on the issues that you need to draft a statement for. For example, one party might make a complaint against the other party and want to gather information on that complaint to assist them in drafting a statement to counter the complaint and address their concerns.
When preparing and drafting a statement, it is essential that you are able to define the issues of the case to properly prepare and draft the statement to best represent your client’s interests or resolve the issue at hand.
Write the statement.
Using the information you have gathered and the issues that have been identified, you will usually go through a number of drafts of your statement before it is finalised.
When writing a draft of your statement, consider the following:
If it is required, you will also need to prepare a draft of your annexures (the documents that support your statement) to be submitted to the court with your application or written submissions.
Finalize your statement.
Typically, the final version of your court statement should be consistent with the subject matter of your application and any annexures to your application.
As part of the court process, you will usually need to file your statement with the court and serve the statement on the other party too.

Common Pitfalls in Court Statements

When writing a memorandum, people typically make the following mistakes:
A. Addressing Issues with the Statement
The issues and the facts are related but not the same. If the reader is left to guess which issues you are addressing with each statement of fact, then you have not communicated your facts effectively. Assume the person reading your statement has a different point of view and examine your statement to be sure that you have supported your position.
B. Failing to Provide Supporting Facts
Be sure that every point you make in your statement is supported with facts. Important details can make all the difference in how the statement is perceived.
C. Ignoring Legal Issues
Even if you are not familiar with the legal issues involved , your statement will likely need to address the specific problems you are having with the other party. Responding to issues can show good faith and sometimes goes a long way towards offering resolution by pointing out where you agree and indicating a willingness to compromise.
D. Poor Grammar, Spelling and Organization
An organized statement will be less important than a good one, but a poorly organized and written statement does not reflect well on either party. If possible, ask another person to read it before submitting it to ensure your statement flows well.

How to Write a Court Statement Persuasively

Regardless of your particular style, at the core of every good court statement is a logical structure. A court statement should have a logical beginning, middle, and end. It should tell a story. It should have a central argument that is easy to follow and maps onto the facts in the case. The following tips may help you with persuasive writing: Write in simple declarative statements. Example: "The defendant was driving down Route 123 when the accident happened." Example: "The Defendant was drunk when the accident happened." A common mistake lawyers make is to attempt to write in the passive voice. This often makes a statement less persuasive because it obscures who did what. Example: Instead of saying "the accident was caused by the defendant’s door being opened into the lane of travel without warning," state "Defendant opened door into lane of travel without warning." Make sure the reader knows where the accident occurred. A simple declarative statement will be sufficient. Example: The accident happened in Springfield Virginia. Example: The accident happened in Burke Virginia, which is located in Fairfax County. Stay away from legalese. Example: Instead of saying "defendant’s statement is not credible," consider "defendant lied." Stay away from adjectives. Example: Instead of saying "the defendant’s reckless behavior," consider "the defendant’s behavior." We all know lawyers have a hard time avoiding adjectives in their statements. Try to avoid adjectives when you can.

Finalizing and Proofreading Your Court Statement

Once your statement is written, you immediately want to hit Print and send it into the court. However, it is important that you take time to review the statement and edit for content, general grammar, and any mistakes. Wording should be clear, concise, and in proper sentence structure. If there are numbers such as dates or amounts, double check that they are correct.
Your statement must also be properly formatted, containing all the required information as set forth by the court. In addition to being formatted properly, the statement should also include any and all additional documents or evidence you may have for your case . If your case proceeded to mediation, you will need to include the certificate of attendance with your court statement. If you are proceeding on consent, you will need to provide a consent form signed by both parties. If your paper work is not filed correctly, while you may have included all of the needed information, you could end up having to re-file.
In either situation, having a professional review the document may reduce the chance of delay in filing. A professional knows what the court requires and understands how to properly document a statement. In addition, a professional also knows when evidence, such as email or a contract, is needed and should be provided.