Script 216 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

What is your role as a witness?
A witness helps our legal system by giving important information to a court. That helps the court make the right decision. If you receive a document that says you have to be a witness in a trial, it’s because you have important information about a case. Either side in a court case can ask you to be a witness. If they do, you will receive a document called a "subpoena" or "summons to witness.” Read it carefully because it may require you to bring documents with you to court. It may be against the law if you disobey this document.

What if you can’t go to court when the trial takes place?
On the subpoena or summons to witness is the name of the lawyer who is calling you to court. Phone the lawyer to find out why they want you as a witness and what documents you have to bring to court. Ask exactly when you have to go to court, and if necessary, try to arrange a better time.

What if you think you should not be a witness?
If you have a good reason that you should not be a witness, you can ask a judge to cancel the subpoena or summons. For example, if you have been called to small claims court, a judge can cancel the summons if you are not really needed as a witness or if it would be a hardship to you to go to court. For other courts, you can call the court registry and explain that you want to ask a judge to cancel a subpoena.

If the subpoena or summons is not cancelled and you do not make other arrangements with the lawyer for when to give your testimony, then you must go to court. If you don't go, the lawyer can ask the judge to have you arrested and brought to court.

Who are the people involved in court cases?
A civil case usually involves the private interests – such as property or money claims – of a person or company. The side making the claim, or suing, is the “plaintiff.” The side responding to the claim, or defending, is the "defendant.” The notice you receive to be a witness in a civil case will show the names of both sides: the plaintiff and the defendant.

In a criminal case, the notice will list Regina and the name of the accused person. "Regina" means Queen in Latin and because the Queen is Canada's head of state, her name represents the community in a criminal trial. "Crown counsel," also called the “prosecutor,” is the lawyer acting for the community to make – or prosecute – the case against the accused person. "Defense counsel" is the lawyer for the accused person.

How do you prepare for court?
It’s not hard to be a witness, but you have to prepare as follows:

• Think about the event or events you saw. What happened first? What happened next? Try to remember details like dates, times, descriptions, actions, and exact words.
• Keep any notes and documents you have about the case.
• Bring your notes and documents with you if you speak to a lawyer before the court date, and when you make your actual court appearance. The Judge may let you look at your notes during the trial.
• Go to the courthouse to watch what happens in court before your court date. Most trials are open to the public.

What do you do on the day of the trial?

• Check the list of trials in the lobby of the courthouse to find your courtroom.
• Wait outside the courtroom until you are called to go in. Do not discuss your evidence with other witnesses.
• Be prepared to wait a while. A long wait can be inconvenient, but delays happen. You may want to ask a friend or relative to wait with you, or have a book or magazine to read.
• Dress appropriately and treat everyone in the courtroom respectfully.

What happens in the courtroom?

• Someone will call you when it is your turn to give evidence. You will then go to the witness box at the front of the courtroom.
• Usually, the court clerk will read out the oath and ask you to swear (promise) to tell the truth on a Bible. You don't have to swear on the Bible. There are other oaths for other religions. If you are not religious, tell the court that you want to affirm, which means you'll promise to tell the truth.
• Next, you will be asked to say your name and spell it. Witnesses are not usually asked to state their addresses, but it can happen. If you are asked but don't want to give your address in public, tell the judge.
• The lawyer who called you as a witness will question you. Then the lawyer for the other side will "cross-examine" you by asking more questions. The Judge may also ask you questions.
• You can call the judge "Sir" or "Madam.” "Your Honour" is the formal title in court.

What about when you actually give evidence, or testify?

• As a witness, you have a right to speak in a language you know well. If you find it hard to speak or understand English, tell the lawyer or court staff before the trial. They will arrange for an interpreter.
• Think about each question before you answer.
• When you answer, speak to the judge, not to the person who asked the question.
• If you do not understand a question, ask the person to repeat or explain it.
• Take your time so you can give a complete answer.
• Do not guess. If you are not sure about an answer, simply say so. It's okay to say: "I don't know" or "I don't remember.”
• Tell about what you saw or did or said yourself. Do not repeat the words someone else told you unless you are asked to tell what you heard.
• Do not speak at the same time as anyone else or interrupt the judge or lawyers.
• Speak clearly and loudly, so that people in court can hear you and write down what you say. The microphone in front of you usually only records your voice – it does not make it louder.
• After you give your evidence and the court excuses you, you can leave. You can also stay in the court and listen to the case if you like.

For help
Law Courts Education Society
Call 604.660.9870 in Vancouver or look in the white pages of the phone book for addresses and phone numbers of offices close to you. Or visit the website at www.lawcourtsed.ca.

Court Services
Look in the blue pages under Government of British Columbia, Court Services, for the address and phone numbers of your local courthouse.

[updated December 2007]

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