Statement of Intended Evidence of a Witness (Form 32A)

Section 16(1)(o)(i) of the Magistrates Court (Civil Proceedings) Act 2004 (WA) lets the court order the parties to exchange written statements of the evidence their witnesses are expected to give. Form 32A is the court's approved form for those statements for witnesses other than experts. The court's Fact Sheet 50 explains that the statement must contain all the evidence the witness will give at trial, that evidence left out cannot be relied on without leave, and that a party who does not lodge a Form 32A for a witness may not be able to call that witness. Expert evidence is dealt with separately: it can only be adduced in accordance with court orders (r 72 of the Rules).

When you need it

• The court has ordered the parties to lodge and serve witness statements, usually as part of preparing a general procedure claim for trial. It may only be lodged after such an order (Fact Sheet 50).
• You need one for each witness you intend to call, including yourself if you are a party giving evidence (Fact Sheet 50).
• Not for expert witnesses, unless the court says otherwise. Expert reports are lodged as a statement of an expert witness, with leave (Fact Sheet 50; r 72).

1. 1

   Copy the heading

   Enter the registry, case number, claimant and defendant from the case.

2. 2

   Give the witness's details

   Enter the witness's full name, address (including the State) and occupation, as the form requires.

3. 3

   Write the evidence under "Say as follows"

   Set out the witness's evidence in numbered paragraphs, in their own recollection, factually and in date order. Include everything the witness will say at trial, because evidence not in the statement may not be relied on without leave (Fact Sheet 50).

4. 4

   Attach and refer to documents

   Unless the court orders otherwise, attach the documents this witness will tender, and refer to each one in the body of the statement. Do not simply write "see attached documents" (Fact Sheet 50).

5. 5

   Witness signs and dates

   The witness signs and dates the statement. If someone else drafted it, both must be satisfied it is a true and accurate account of the witness's evidence (Fact Sheet 50).

6. 6

   Complete the lodged-by box with the party's details

   The lodged-by box shows the address and contact details of the party lodging it (the claimant or defendant), not the witness, unless the witness is that party (Fact Sheet 50).

• Lodge by the date in the court's order, through the eCourts Portal unless you have an exemption. Fact Sheet 50 says there is no filing fee.
• A document signed by a person who is not a party must be signed and lodged in PDF format, and the signed copy kept (r 98E(4)(c), (5) and (6)).
• Serve the sealed copy on each other party. Ordinary service by pre-paid post to their address for service is enough unless the court orders otherwise, and Fact Sheet 50 suggests also emailing it (r 101).
• The witness still has to be available to give evidence at trial. To compel attendance, request a witness summons (Forms 46 and 47); a summons must be served personally at least 14 days before the trial date or by an earlier date the court directs (r 71).

• Write the statement from what the witness saw, heard or did, not argument or opinion. The court can refuse to let a witness give evidence that was not disclosed in the statement.
• Check the eCourts Portal for the other side's statements. You can view documents lodged on your matter even before they are served on you (Fact Sheet 50).
• To change a statement after it has been lodged and served, or to add one, apply with a Form 23 Application and a Form 2 affidavit (Fact Sheet 50).