Witness statements in France: the rules to follow

During a separation, someone close to you may have seen events that matter to your case. Under French law, their testimony can be submitted to the judge as a written witness statement, called an attestation de témoin. This document follows precise rules set out in Article 202 of the French Code de procédure civile (Code of Civil Procedure). Here is what to know before asking for a statement, and what the witness should know before writing one.

What is a witness statement?

A witness statement is a written account of events that its author saw or observed personally. It is meant to be filed in court, for example before the juge aux affaires familiales (JAF), the family court judge.

It is not a place to give an opinion about someone. It reports facts: what happened, when, where, and what the witness directly saw or heard.

The judge freely assesses the weight of each statement. The judge reads it alongside the other documents in the file and decides how much it counts. A statement is never a guarantee: it is one piece among others.

The required information

Article 202 of the Code of Civil Procedure lists what the statement must contain:

• an account of the events the author witnessed or personally observed;
• the author's last name, first names, date and place of birth, address, and occupation;
• where applicable, any family relationship or relationship by marriage with the parties, and any relationship of subordination, collaboration, or shared interests with them;
• a statement that it is drawn up to be filed in court;
• a statement that the author knows a false statement exposes them to criminal penalties.

The statement must be handwritten, dated, and signed by its author. The witness attaches, in any form, an official document proving their identity and bearing their signature, such as a copy of their ID card.

The witness's relationship to the parties must be stated honestly. A brother, a close friend, or a coworker can testify. The judge will take that relationship into account.

The official form or plain paper?

There is an official form: Cerfa n° 11527*03, "Attestation de témoin." It includes every item required by Article 202, which helps avoid omissions.

The witness can also write the statement on plain paper, as long as it contains all the required information. Either way, the text is handwritten by the witness personally.

A statement with missing information is not automatically thrown out. But each missing item can weaken its credibility. It is worth checking the list before handing the statement to your lawyer.

Who can testify, and who should not

A good witness is someone who saw the events firsthand. A neighbor who was there when a child handoff went badly. A teacher who noticed repeated late pickups at school. A friend who was with you on a Saturday when the other parent did not come to pick up the children.

On the other hand, someone who "heard about it," or to whom you described the events, can only offer secondhand testimony. It will carry little weight.

Children do not testify

In divorce proceedings, Article 259 of the French Code civil (Civil Code) provides that descendants can never be heard on the grievances raised by the spouses. More broadly, never ask a child to testify, write a statement, or carry a message. Children need to be kept out of the conflict.

In France, if a child is in danger, 119 (the child protection hotline) answers day and night. In an emergency, call 17 or 112. For violence against women, 3919 is free and anonymous.

Writing it well: rules for the witness

The witness writes alone, in their own words. Nobody writes it for them, not even you. A dictated or copied text can strip the testimony of its credibility.

A few pointers to share with them:

1. Describe only what they saw or heard personally.
2. Give dates, times, and places as precisely as possible.
3. Describe facts without judgments or labels ("he arrived at 7:40 PM instead of 6 PM" rather than "he is always irresponsible").
4. Avoid repeating what other people told them.
5. Say honestly when they no longer remember a detail.
6. Reread, date, and sign, then attach a copy of their ID.

No pressure

Asking for a statement means asking for a favor. The person can say no, and that choice must be respected. Do not insist, do not offer anything in return, and do not tell them what to write.

A false statement is a criminal offense

Article 441-7 of the French Code pénal (Criminal Code) punishes drawing up a statement reporting materially inaccurate facts with one year of imprisonment and a €15,000 fine. That is why the statement itself mentions this penalty. The witness should be aware of it before signing.

How to organize the process

In practice, the process often looks like this:

• talk to your lawyer first: they will tell you whether a statement is useful, and about which events;
• identify the people who actually witnessed the events;
• send them the Cerfa form or the list of required information;
• give them time to write, without rereading or correcting it for them;
• keep the original, the copy of the ID, and the date you received it with your other documents.

In the Prismo app, the witness statements feature sends the witness a link with the Cerfa form and an Article 202 checklist. Prismo and its AI never write testimony: the witness does.

Your lawyer will then decide which statements to file. You can share them with your lawyer along with the rest of your file.

Key takeaways

• A witness statement reports events seen firsthand, not opinions or rumors.
• It is handwritten, dated, and signed, with a copy of an ID attached.
• Cerfa n° 11527*03 helps you include everything, but plain paper is also acceptable.
• Never ask a child to testify, and never write a statement for a witness.
• The judge freely assesses every statement: talk to your lawyer before filing one.