![]() It also contains complete details, some of which counsel may not wish to bring out, but they should be there so that he can use his discretion. The ideal proof contains all the facts in the right order. When the outline is clear, the statement should be taken down in chronological order, amplifying the details at the same time: doubtful points should be tested at once by a few searching questions. In taking a proof, it is best in the first place to ask the witness to tell his story, just noting the salient facts and dates. ![]() Apart from the blurring of memory, there is always the possibility that the witnesses will be interviewed by the other side, and the further risk that, by reason of insufficient knowledge, the claim may be based on mistaken grounds…. The taking of proofs is often delayed in a civil action because it is thought there will be settlement. The details fade with the lapse of time, and the evidence becomes modified under the influence of imagination. … Statements ought to be taken from the witnesses at the earliest opportunity. “If ordinarily speaking, the case centres on the evidence – in –chief, this in turn is founded on the statements of witnesses, or proofs. The advocate had to use the proof as the means of asking salient (non-leading) questions to adduce the witness’s evidence. John was writing about taking proofs of evidence in the days before these were disclosed to the other side. WHAT JOHN HAD TO SAY ABOUT PROOFS OF EVIDENCE He had a skill (which is a rare skill) of encapsulating the essential points in a very short manner. He worked on what we, in chambers, called his “Model T” manual typewriter. John wrote these books, working alone, at a time before there were any electronic means of research. In addition to writing Munkman on Employer’s Liability and Munkman on Damages for Personal Injury and Death he wrote numerous books about tax law and, important for the purposes of today, a marvellous short book about advocacy. ![]() John Munkman was a barrister, practising in Leeds, and well known legal author. Curiously enough most of what is needed in drafting a good witness statement is in a book on advocacy written by John Munkman in 1951, long before witness statements were part of the rules. Witness statements are either to cursory and brief too opinionated and argumentative or over-elaborate and lacking credibility. The skill and effort involved in drafting a proper and appropriate witness statement are often overlooked. These are usually written about because things have gone awry. There are several hundred posts on this site about the drafting of witness statements.
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