Witness in a Trial
Subpoena:
- If you are asked to be a witness in a criminal trial, you will be given a subpoena. A subpoena is a court order that says a date and time you will need to come to court and tell the court what you know about the crime that is alleged to take place.
- You cannot ignore a subpoena.
- The length of time you will be in court will depend – it could be a few hours, or it could be a few days. You must stay until the Judge says you are finished.
Evidence:
When you come to court, you will be asked to provide evidence by testifying. A lawyer will ask you questions about what happened – what you saw or heard.
When it is your turn, you will be called up to the front of the courtroom to the witness box.
You need to promise to tell the truth first by either:
1. Swearing an oath (on a religious book)
2. Giving a solemn affirmation (promise)
3. If you are First Nation, swearing on a sacred eagle feather
If you do not tell the truth, you can be charged with a crime (perjury).
Process for Testifying:
The lawyer who called you as a witness will ask you questions first (examination-in-chief)
- These questions will be open-ended (who, what, where, when, why, how)
Then the second lawyer will ask you questions (cross-examination)
- These questions will be less open-ended and may start with “I’m going to suggest to you that…”
- Always give your honest answer and if you don’t agree with their suggestion, say that.
Then the lawyer who first asked you questions might have a few more things to ask you (re-examination).
Once you are finished giving your evidence, the Judge will tell you that you are free to go.
Tips for Testifying:
