Being a Witness or Attending Court
Attending court as a witness is unfamiliar and frequently more straightforward than expected. Knowing the process removes most of the anxiety.
Being summoned
A witness summons or subpoena is a legal requirement to attend, and ignoring it can carry penalties.
Where the date is genuinely impossible, contact the court or the party calling you immediately rather than simply not attending.
Expenses are generally recoverable — travel, loss of earnings up to a limit, and sometimes childcare — and forms are provided. Many witnesses never claim.
Before the day
Read your statement carefully. You will be asked about it and it may have been made months or years earlier.
You may refresh your memory from your own statement before giving evidence, and in many systems during it with permission.
Do not discuss the evidence with other witnesses, which can undermine the case and your credibility.
Ask about special measures if you need them: screens, giving evidence by video link, or support in the room. These are available in many circumstances and must be requested in advance.
On the day
Arrive early and allow for security screening.
Witness support services operate in many court systems, providing a separate waiting area, someone to sit with you, and a pre-visit to see the courtroom. These are free and underused.
You will usually wait outside the courtroom until called, and may not hear the earlier evidence.
Giving evidence
You will take an oath or affirm, then answer questions from the party calling you, then from the other side, then possibly clarification from the judge.
Answer the question asked, then stop. Volunteering additional information is where witnesses come unstuck.
Say if you do not know or do not remember. That is an acceptable answer and considerably better than guessing.
Address answers to the judge or the room rather than to the person asking, and take time before answering.
If a question is unclear, ask for it to be repeated or rephrased.
Afterwards
You may be released or asked to remain. Ask before leaving.
Submit your expenses claim promptly, since deadlines apply.
Where being a witness has been distressing, support services can continue to help, and this is worth using rather than assuming it ends at the courtroom door.
This article is general information and not legal advice. Procedures vary considerably by jurisdiction.
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