A witness is someone who has seen or has information about an event or issue that a court is making a decision about. If you have been asked to attend court as a witness and you have concerns about the evidence you will be asked to give, you should consider seeking legal advice before giving evidence. It’s essential to understand your role as a witness and how to present your evidence in a way that is clear and helpful to the court.
Your Responsibility as a Witness
You cannot refuse to be a witness. A person who has been given a subpoena to attend court to give evidence must comply with the subpoena. Failing to do so can result in serious legal consequences. A court can issue a warrant for the arrest of a witness who does not attend. Therefore, it is essential to understand your legal obligations as a witness and make the necessary arrangements to attend court on the scheduled date.
If you have made a statement or affidavit in the case, you should read it several times before you go to court. Familiarising yourself with the contents of your statement helps you recall the details when giving evidence. You cannot use your notes while giving evidence unless the judicial officer allows it, so it is essential to be prepared without relying on written notes.
Preparing for Court: Practical Tips
Appear and Behave Professionally While Giving Evidence
When giving evidence, it is crucial to appear and behave professionally. This applies both on the witness stand and off. Your demeanour can influence the jurors, and you never know who might be watching you for the other side while you’re waiting outside the courtroom. Maintain calm and confidence, as how you conduct yourself can affect how your testimony is perceived.
Before you are called to give evidence, walk into the courtroom and familiarise yourself with where the witness stand is located and the path you need to take to reach it. This preparation enables you to walk directly to the stand in a forthright manner when it’s your turn to give evidence, without appearing unsure or hesitant.
Dress Appropriately for Giving Evidence
Dress professionally when giving evidence. Studies have shown that blue for men and black for women are the most appropriate colours for “looking believable.” Both men and women should dress conservatively, avoiding flashy colours or excessive jewellery. Your attire should convey respect for the court and the legal process. Remember, the way you present yourself can affect how seriously your testimony is taken by the judge and jury.
Effective Communication in Court
Speak Clearly When Giving Evidence
When you are sworn in, look at the jury or magistrate and speak in a loud, clear voice when giving evidence. Ensure that your answers are audible and easy to understand. Once you are on the stand, stand up straight, look at the questioning barrister, and make eye contact with the jurors or magistrate while answering. Maintaining eye contact helps establish credibility and shows that you are engaged in the process.
How to Answer Questions While Giving Evidence
Answer all questions clearly and concisely. Avoid giving overly lengthy responses or offering information that was not asked. Do not nod when answering, as this will cause the court reporter and the judge to remind you to answer audibly, which could make you appear unsure while giving evidence. Keep your hands by your side and away from your mouth, as this helps you appear confident and avoids distractions during your testimony.
If you need to ask the judge a question during the process of giving evidence, look at the judge and say “Your Honour” (this will depend on the court and state you are giving evidence in). Wait for permission before asking any questions. It’s important to follow the court’s formal procedures to maintain respect and professionalism.
Handling Objections and Cross-Examination
Managing Objections and Cross-Examination While Giving Evidence
If either barrister objects to your answer, stop talking and wait for the judge to rule on the objection before continuing with your testimony. It’s essential to stay calm and respectful even if the barristers seem aggressive. Avoid being combative with the barristers, as they may attempt to provoke you during your cross-examination. Just stay calm and answer the questions.
If you make a mistake while giving evidence, admit it. Do not try to cover it up. Nobody will hold it against you for making an honest mistake, but they will certainly hold it against you if they believe you are lying. Integrity is crucial in maintaining the reliability of your testimony.
Know Your Facts When Giving Evidence
Never memorise your statement word for word. Instead, know your facts and stay flexible when giving evidence. If you try to say things exactly as they are written, you will appear rehearsed, which may hurt your credibility during cross-examination, where the questions are often unpredictable. If you feel unsure about a specific detail, it is better to admit it rather than try to guess or make assumptions.
Final Thoughts: The Importance of Truthfulness
Always Tell the Truth When Giving Evidence
Most importantly, always tell the truth, the whole truth, and nothing but the truth while giving evidence. Avoid embellishing the truth, as it’s unnecessary and can make your entire testimony suspect. Presenting professional, clear, and concise evidence is relatively easy if you are telling the truth and don’t take any allegations personally.
Remember, the defence lawyer’s goal is to discredit your evidence, so stay calm, stick to the facts, and avoid reacting emotionally while giving evidence. A calm composed witness who speaks truthfully and with confidence is likely to have a significant positive impact on the case.
Need help preparing for your court appearance or need legal advice? Contact us today at CHD Partners, and our team will be happy to assist you.
For further information, please contact Michael Huggett on [email protected] or call 0417 448 507.
