The witness statement (Article 202 CPC): rules and template

A witness statement (attestation de témoin) is a written document by which a person reports to the judge facts they have seen or personally observed. It is one of the most common forms of evidence in a civil case — a family dispute before the family court judge, a neighbour conflict, a tenancy dispute… But it must still be drawn up in the proper form: a sloppy statement will carry little weight, while a carefully written one can make the difference.

Here, in a documentary way, is what the law provides.

What Article 202 of the Code of Civil Procedure says

The framework is set by Article 202 of the Code of Civil Procedure:

"The statement contains an account of the facts that its author witnessed or personally observed.

It states the surname, first names, date and place of birth, residence and occupation of its author as well as, where applicable, any relationship of kinship or marriage with the parties, of subordination to them, of collaboration or of shared interests with them.

It also indicates that it is drawn up with a view to being produced in court and that its author is aware that a false statement on their part exposes them to criminal penalties.

The statement is written, dated and signed by the author's own hand. The author must attach to it, in original or photocopy, any official document establishing their identity and bearing their signature."

The checklist of particulars

In practice, a complete statement contains:

• The account of the facts seen or personally observed — precise, dated facts, not value judgments or "I was told that".
• The witness's civil status: surname, first names, date and place of birth, address ("residence") and occupation.
• Any relationship with the parties: kinship or marriage, a relationship of subordination (for example an employee of one of the parties), of collaboration or of shared interests. A close relative is not excluded, but the judge must be able to assess that link.
• The statement that it is drawn up with a view to being produced in court.
• The statement that the witness knows a false attestation exposes them to criminal penalties.
• The handwritten form: the statement must be written, dated and signed by the witness's own hand.
• Proof of identity (original or photocopy) bearing the signature, attached to the statement.

Should you use the Cerfa form?

There is an official template: Cerfa form No. 11527*03 "Attestation de témoin" (witness statement), available on service-public.gouv.fr and on justice.fr.

This form is not mandatory: a plain-paper statement is accepted provided it contains the particulars of Article 202 and respects the handwritten form. The Cerfa's main value is to guide the witness so that no particular is forgotten.

Who can testify?

In principle, anyone may be heard as a witness (Article 205 of the Code of Civil Procedure), except persons who are legally incapable of testifying in court. Statements must be drawn up by persons who meet these conditions (Article 201 of the same code).

The special case of children in family law

There is a specific bar in separations: descendants may never be heard on the grievances raised by the spouses in support of a petition for divorce or legal separation. The rule appears both in Article 205 of the Code of Civil Procedure and in Article 259 of the Civil Code. A statement from a child (or grandchild) about the wrongs of one parent towards the other is therefore ruled out.

Be careful not to confuse two different things:

• a child's testimony about the grievances between their parents → excluded;
• the hearing of the child on the measures that concern them (their residence, contact rights) → this is a distinct right provided by Article 388-1 of the Civil Code: a minor capable of discernment may be heard by the judge, as of right if they request it, without becoming a party to the proceedings.

A false statement is a criminal offence

The wording "I know that a false statement exposes me to criminal penalties" is not an empty formula. Article 441-7 of the Criminal Code punishes:

"[…] with one year's imprisonment and a fine of 15,000 euros, the act of: 1° Drawing up an attestation or certificate stating materially inaccurate facts; 2° Falsifying an attestation or certificate that was originally truthful; 3° Making use of an inaccurate or falsified attestation or certificate."

The penalties are raised to three years' imprisonment and a fine of 45,000 euros in certain aggravated cases. What is targeted is lying about materially inaccurate facts, not a mere imprecision or a good-faith mistake.

Is an irregular statement "void"?

No — and this is an important nuance. The formalities of Article 202 are not prescribed on pain of nullity. In practice, the judge assesses the value of a statement at their sole discretion and does not automatically set it aside for a mere formal defect: an incomplete statement may be taken into account, but its credit may be reduced. Complying with Article 202 therefore does not "validate" the statement in the strict sense; it strengthens its evidential weight.

Filing your statements properly in your case file

Gathering several testimonies, checking that each is complete, dating and numbering them so you can refer back to them: this is organisational work that is prepared over time. An isolated statement rarely convinces; it is a body of consistent evidence that enlightens the judge. To go further on how to assemble the whole, see our guide Building an evidence file for the family court judge.

Further reading

• Official page: How to give testimony in a civil case? (service-public.gouv.fr, F1538)
• Article 202 of the Code of Civil Procedure (Légifrance)
• Template Cerfa No. 11527*03 (service-public.gouv.fr)