What requirements must a written witness statement meet?


Questioner

I previously submitted a question and situation regarding demonstrating the expiration of municipal land. I have witnesses who can confirm this statute of limitations. What requirements must these witness statements meet to ensure that they are clear for the purpose and legally valid to submit? Thank you in advance for your response.

Lawyer

In Dutch law, all kinds of evidence can be used to try to prove a case. A witness statement is one of them. The law provides for a witness statement in the form that it is made in court. If you have a statement on paper, it is in principle a form of written evidence, just like any other written evidence. The statement therefore has no more evidentiary value than any other written document, even if it comes from a witness This does not mean that you cannot use such a statement to strengthen your case and sometimes avoid a case in court. If you want a statement on paper, it is important that the statement can be traced back to the person in question (name, date of birth, address, etc.). There is a chance that the person will still have to make a statement if the other party does not agree with the claim. Please feel free to contact me if you require assistance.

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