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Request for Statement of Witnesses

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— DO NOT FILE WITH THE COURT —

DISC-015

REQUEST FOR STATEMENT OF WITNESSES AND EVIDENCE
FOR LIMITED CIVIL CASES (UNDER $25,000)

REQUEST FOR STATEMENT OF WITNESSES AND EVIDENCE
FOR LIMITED CIVIL CASES (UNDER $25,000)

Under Code of Civil Procedure section 96, you are requested to serve on the under-signed, within 20 days, a statement of:

  1. The names and street addresses of witnesses you intend to call at trial (except for any individual who is a party to this action).
  2. A description of each document that you intend to offer at trial. Attach a copy of each document available to you.
  3. A description of each photograph and other physical evidence you intend to offer at trial.

Witnesses and evidence that will be used only for impeachment need not be included.

YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS OR INTRODUCE ANY EVIDENCE NOT INCLUDED IN YOUR RESPONSE TO THIS REQUEST, EXCEPT AS OTHERWISE PROVIDED BY LAW.

Form Adopted by for Manditory Use

Judicial Council of California

DISC-015 [Rev. January 1, 2007]

electronic form © 2002

WWW.LawCA.com

Law Publishers

page1 of 1

Code of Civil Procedure,

§§ 96, 97

REQUEST FOR STATEMENT OF WITNESSES AND EVIDENCE
FOR LIMITED CIVIL CASES (UNDER $25,000)

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What a Request for Statement of Witnesses Is

A Request for Statement of Witnesses is a written document used in litigation, internal investigations, insurance claims, or administrative proceedings to ask witnesses to provide a formal, signed account of events they observed. It identifies the incident, lists facts to be addressed, specifies the deadline and delivery instructions, and requests a signature and contact information for follow-up. The request can accompany an affidavit form or stand alone. Properly drafted requests increase clarity, preserve testimony, and create a contemporaneous record that may be used in discovery, claims handling, or disciplinary processes.

Why a Clear Request Matters

A clear Request for Statement of Witnesses streamlines fact collection, preserves contemporaneous accounts for discovery or claim files, and reduces ambiguity about who observed events. Proper formatting supports admissibility under ESIGN/UETA when signed and retained according to record rules.

Why a Clear Request Matters

Who Prepares and Responds to These Requests

Legal and administrative teams commonly prepare these requests for litigation, HR investigations, insurance claims, and compliance reviews.

  • In-house counsel and outside litigators use requests to preserve witness statements for discovery and trial preparation.
  • Claims adjusters and insurance examiners collect statements to evaluate coverage, liability, and timing of reported losses.
  • HR professionals gather witness accounts for investigations, discipline records, or to support regulatory reporting obligations.

Typical Roles That Use This Document

Compliance Officer

Compliance officers prepare Requests for Statement of Witnesses to document incidents, ensure regulatory recordkeeping, and coordinate with legal counsel; they require clear audit trails, retention instructions, and consent language for electronic signatures to meet ESIGN and industry rules.

Claims Adjuster

Claims adjusters use these requests to capture eyewitness accounts, preserve timelines, and support coverage decisions; signed statements with contact details reduce need for repeat interviews and provide a documented factual basis for settlements or denial decisions.

Step-by-Step: Prepare and Collect Witness Statements

Follow these sequential steps to prepare, issue, and collect a Request for Statement of Witnesses efficiently and defensibly.

  • 01
    Draft Request: Describe incident, facts requested, deadline, and contact information.
  • 02
    Identify Witnesses: List full names, roles, and best contact methods.
  • 03
    Specify Formally: State whether statement must be signed under oath or notarized.
  • 04
    Send & Track: Deliver via certified mail, secure e-delivery, or in-person with receipt.

Core Elements of a Professional Request

Essential elements that make a Request for Statement of Witnesses complete, enforceable, and easy to incorporate into litigation or claims workflows.

Header

Include issuer name, address, file or claim number, and a clear title such as 'Request for Statement of Witnesses' to tie the statement to the incident and make administrative tracking straightforward.

Incident Summary

Provide a concise factual summary including date, time, location, involved parties, and a short description of the event to orient the witness before they draft their statement.

Questions

List targeted, neutral questions to focus witness responses; prefer open factual prompts and avoid leading language during evidentiary review.

Signature Block

Provide space for printed name, signature, date, and contact details; indicate if statement must be notarized, sworn, or submitted under penalty of perjury consistent with jurisdictional rules.

Attachments

Reference exhibits such as photos, reports, or documents the witness should review or append; number attachments and instruct the witness where to mark them for clarity.

Deadline

State a reasonable due date, provide delivery methods, and explain extension procedures; include consequences for missed deadlines when applicable to preserve process integrity.

Security and Compliance Checklist

In transit: TLS 1.2/1.3 encryption
At rest: AES-256 encryption
Certifications: SOC 2 Type II; ISO 27001
Regulatory: ESIGN, UETA compliance
Healthcare: HIPAA compliant (BAA required)
Audit & Records: 21 CFR Part 11 support

Risks and Legal Consequences to Watch

Hearsay Exclusion: Statement may be inadmissible
Perjury Risk: False sworn statements carry criminal exposure
Spoliation Sanctions: Missing follow-up materials risks sanctions
Privacy Violations: HIPAA/FERPA exposure if PHI disclosed
Employment Claims: Retaliation or defamation claims possible
Costs & Delays: Subpoenas and litigation add time/cost

Common Preparation Mistakes

  • Failing to identify full witness details leads to inability to follow up or authenticate statements, increasing risk of exclusion during discovery.
  • Using leading or suggestive questions can taint testimony and expose statements to admissibility challenges or credibility attacks.
  • Allowing investigators to edit statements without a signed addendum creates chain-of-custody concerns and may undermine reliability.
  • Skipping clear delivery instructions, deadlines, or signature requirements results in inconsistent returns and administrative disputes over timeliness.

Typical Routing and Handling Workflow

Typical routing and handling steps for issuing and receiving witness statements across administrative and legal workflows.

  • Issue: Sender prepares request and attachments
  • Deliver: Send via secure email, certified mail, or RON
  • Receive: Collect signed statement and audit trail
  • Store: Archive immutable PDF with metadata

Technical Capabilities to Support Electronic Collection

Typical platform needs when collecting statements electronically include secure storage, audit trails, and signer authentication options.

  • File Formats: PDF and Word DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Authentication: Email, SMS, KBA, advanced methods

eSignature Pricing and Feature Snapshot

Comparison of starting prices and common features across major eSignature vendors. signNow is listed first for column parity.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Representative Use Cases

Real-world examples show how Requests for Statement of Witnesses are used across legal, insurance, and HR workflows.

Optica Ventures

Optica Ventures used electronic requests to collect signed witness accounts during tenant disputes, improving record collection speed and traceability.

  • Digital delivery preserved timestamps and contact logs.
  • By standardizing the Request for Statement of Witnesses form and using secure e-delivery, the team reduced follow-up time, ensured signed attribution, and created an audit-ready folder for counsel and claims handlers to reference throughout disposition.

Fertility Centers of Illinois

Fertility Centers of Illinois centralized witness statements for patient incidents to maintain compliance and establish clear contemporaneous records for internal reviews.

  • Consistent templates reduced ambiguity in accounts.
  • Structured Requests for Statement of Witnesses ensured each account included necessary identifiers, signature blocks, and supporting exhibits, allowing the compliance team to address concerns promptly and keep thorough documentation aligned with HIPAA and organizational policies.

Timing: Deadlines and Practical Lead Times

Typical timing considerations for issuing requests, receiving signed statements, and meeting evidentiary or administrative deadlines.

Response Due Date:

Specify a reasonable date, commonly 7–14 days.

Notarization Period:

Allow time to arrange notarization or RON sessions.

Subpoena Lead Time:

If compelled, plan for court timelines and service requirements.

Retention Start:

Date stamps start at signing or receipt.

Extension Policy:

State how to request extensions in writing.

Key Milestones from Issue to Archive

Key milestones from issuance through storage form a sequential timeline to track compliance and evidentiary preparation.

01

Draft & Approval

Prepare draft and obtain internal approvals before sending.

02

Issue Request

Send with clear deadline and delivery instructions.

03

Receive Statements

Collect signed statements and verify identity/authentication.

04

Archive & Review

Store in secure repository and review for follow-up.

Frequently Asked Questions

Answers to common procedural and evidentiary questions about preparing and using a Request for Statement of Witnesses.


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