Giving evidence in Court plays an integral part in our judicial system because it is a:
“prime tool that the court uses… fairly, independently and dispassionately assessed, to reach findings of fact that faithfully reflect the “wide canvas” of the forensic materials laid before the court, no matter where they may lead”.
Appearing in Court as a witness in civil proceedings can be a nerve-wracking experience because one may worry about being challenged in a public forum with gruelling questions that you may answer in a way that damages your case. Therefore, you may want to have a full briefing session with your legal representatives before attending Court so as to familiarise yourself with the theory, practice, and procedure of the evidence process.
There are strict rules on what solicitors/barristers can/cannot do to prepare you as a witness to give evidence at trial. Witness coaching is strictly prohibited. They should not put pressure of any kind on you or rehearse with you in a way that prevents you from giving a true and complete account of the matters in question in your own words.
Before you go to Court to give evidence, you are strongly advised to re-familiarise yourself with your witness statement and raise it with your legal representatives if you see anything in your witness statement that needs to be corrected/changed.
What will happen in Court?
When you are called to give evidence, the Court usher will ask if you wish to swear (related to religion)/affirm (unrelated to religion). Both will require you to give ‘the truth, the whole truth, and nothing but the truth’. You will then be asked to confirm your signature on your witness statement as your witness statement will stand as evidence-in-chief, i.e. evidence that you say proves your case and disproves the opponent’s case, before you are cross-examined (i.e. asked questions) by the legal representatives for the other side or the other side themselves if they are unrepresented.
When you are cross-examined, remember to:
- Listen to the questions carefully;
- Answer the questions truthfully;
- Raise it with the Court/legal representatives immediately if you do not understand/hear the questions;
- Pay attention to your body language as it is carefully observed and examined in Court as well;
- Ensure that you answer the question asked and then stop speaking. It is not necessary to fill any awkward silence by speaking; and
- Stay calm and take your time to speak slowly and clearly.
And at the same time, remember NOT to:
- Be evasive/rude as it is the job of the legal representatives of the other side to present a different version of events;
- Attack the characters of other witnesses/parties;
- Argue with the legal representatives/the judge; and
- Use inappropriate language.
Conclusion
Giving evidence at trial contributes tremendously towards the Court’s factual findings. It can be a stressful experience as you know parties’ interests are at stake. In any event, you should always remember that you owe an overriding duty to the Court in understanding the factual issues that the Court is being asked to determine.
How can Nelsons help
Ronny Tang is an Associate in our expert Dispute Resolution team, specialising in defamation claims, contentious probate and inheritance claims, Trusts of Land and Appointment of Trustees Act 1996 claims, Equality Act 2010 claims and Protection From Harassment 1997 claims.
If you need any advice concerning the subject discussed in this article, please do not hesitate to contact Ronny or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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