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Introduction

Have you been called to be a witness in a trial and feel unsure about what to expect? This guide will walk you through the process, from arriving at court to giving your evidence, ensuring you feel prepared and confident on trial day. If you have any questions or need assistance, Contend’s highly trained AI legal experts are here to help you navigate the legal landscape and address any concerns you may have. With Contend, you can access the easiest legal help in the UK.

If you’ve been called to be a witness in a trial, it can be a bit nerve-wracking. Here’s a straightforward guide to help you understand what will happen on the day of the trial and how to prepare.

What should I expect when testifying in court?

Arriving at Court

When you arrive at the court, the first thing you should do is seek assistance from the Witness Service. They are there to help you navigate the process. Just ask the reception staff to connect you with someone from the Witness Service.

If you’re feeling anxious about stepping into the courtroom, don’t hesitate to ask the Witness Service representative to show you around. If a courtroom isn’t available for a tour, they might have pictures to help familiarize you with the setting.

For those who are concerned about health and safety, especially due to COVID-19, courts have put measures in place to protect everyone. You can check the latest guidelines on GOV.UK for more information. If your hearing is set up as a phone or video call, you can find out how to prepare here.

If you haven’t received any details on how to attend your hearing, reach out to the court directly. You can find the contact information you need on GOV.UK.

How can I best prepare for my court appearance?
Courts and Procedure: Trial Day Guide: Preparing to Testify as a Witness

Giving Your Evidence

Once you enter the courtroom, you will be ‘sworn in’. This means you agree to tell the truth. Don’t worry; you’ll be given a card with the words to say, so you won’t have to memorize anything.

The lawyer who called you to testify will start asking you questions. Remember, you have the right to:

  • Ask for a question to be repeated or rephrased if you don’t understand it.
  • Say if you don’t know the answer to a question.
  • Request clarification on any unfamiliar terms.

Standing in the Witness Box

Typically, you will need to stand while giving your testimony. If standing is uncomfortable for you, feel free to ask the judge or magistrate if you can sit down instead.

Cross-Examination

After you’ve answered questions from the lawyer who called you, you will face questions from the opposing side in a process called cross-examination. This can be challenging, as their goal is to present a different perspective. Just focus on sharing your honest account of what you experienced or witnessed. If you feel overwhelmed or confused by any questions, it’s perfectly okay to express that. The judge may allow you to take a break if needed.

Taking Breaks

If you need to step outside for fresh air or a moment to yourself, let the Witness Service know. They will help communicate your request to the court. If you do leave, make sure to inform them where you’ll be and how to reach you, so you’re not too far away in case you’re needed back quickly.

How can I best prepare for cross-examination?

After Your Testimony

Once you’ve finished giving your evidence, you are free to leave. However, if you’re 14 or older, you can choose to stay and watch the rest of the trial from the public gallery.

Keep in mind that you should not discuss your testimony or anything you heard during the trial with other witnesses who have yet to give their evidence. This includes refraining from posting about it on social media.

Can I talk about my testimony after the trial is over?

Communicating with Your Employer

Make sure to keep your employer informed if you need to return to court on another day. It’s also wise to arrange for childcare or other responsibilities ahead of time.

Sometimes cases take longer than anticipated, and you may not be called to testify on the expected day. If that happens, be prepared to return to court another day.

How do I notify my employer about unexpected court dates?

Claiming Expenses

You may be eligible to claim expenses for attending court to give your testimony. You will receive a form to fill out, and it’s important to keep any receipts related to your expenses, as you will need to submit those along with your form. If you need assistance with the form, don’t hesitate to reach out to Contend’s legal expert chat.

For more information on what expenses you can claim, visit GOV.UK.

Remember, if you’re a character witness or refuse to give evidence, you typically won’t be able to claim expenses.

Being a witness can feel daunting, but knowing what to expect can help ease your nerves. Good luck!

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This material is for general information only and does not constitute
tax, legal or any other form of advice. You should not rely on any
information contained herein to make (or refrain from making) any
decisions. Always obtain independent, professional advice for your
own particular situation. Contend Inc is not regulated by the
Solicitors Regulation Authority.