Litigation Documents and Work Product
Core Documents
A witness statement records what a person observed, typically taken during investigation and either signed by the witness or recorded. It captures the account close in time to the events.
Statements taken in anticipation of litigation are fact work product.
Alternative Names:
Signed Statement, Written Witness Statement
Why it Matters?
Contemporaneous statements are the material most frequently obtained from an opponent through the substantial need exception, because a statement taken days after an event cannot be replicated years later. That makes them worth taking and worth expecting to produce. A witness is also generally entitled to a copy of their own statement on request, which means the account cannot be kept from them.
Frequently Confused with
Related terms
Frequently asked questions
Are witness statements protected?
Can a witness obtain their own statement?
