witnesses in court
[Last Updated 29/06/2011]
A witness is someone who knows facts about a case. The information given to the court by a witness is recorded as evidence, which is used by the magistrate to make a judgment in the case.
A witness may be asked to attend court by either the plaintiff or the defendant. If the witness does not volunteer to attend court when asked, the plaintiff or defendant can summons them to attend court. A summons is a document informing the witness that if they do not attend the court at the given date and time, they can be arrested and bought to the court to give evidence.
What can a witness expect in court?
For information about how to find the courtroom and how you should behave in the courtroom see Going to Court.
Once you have found the courtroom the case will be in, tell the Sheriff’s Officer in that courtroom who you are and why you are there. Then take a seat and wait until you are required to give your evidence.
When it is time for you to give your evidence, you will be asked to stand in the witness box. First, you will be sworn in. This means you must take an oath, or make an affirmation, to tell the truth. If you choose to take an oath you usually hold a Bible, Koran or appropriate item while a court officer asks you,
“Do you swear that you will tell the truth, the whole truth and nothing but the truth, so help you (God/Allah etc)?” to which you reply, “I swear.”
If you choose to make an affirmation, you will be asked to say:
“I, (your name), do truly and solemnly declare and affirm that my evidence will be completely truthful.”
Giving false evidence is a serious criminal offence.
After being sworn in, you will be asked questions by the party who asked that you come to court. The magistrate may also ask you questions. When you have finished giving your evidence the other side may cross-examine you. This means they may ask you questions about the evidence you have just given.
The amount of time you have to spend in court depends on the nature of the trial and where you fit in as a witness.
The person who asks that you come to court covers your expenses. The court has a cost scale, which is a guide to fair witness fees. The person who wins the case can claim their witnesses costs from the other party. The cost scale sets the amount that the winning party can claim for the attendance of each witness. This amount varies according to the size of the plaintiff’s original claim. Click on this link to access the cost scale.
If you need the help of an interpreter to give evidence in court, tell the person who asked you to be a witness. That party tells the court that you need an interpreter and what language you speak. The court will then arrange for an interpreter to be present.
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