Information contained on this web site is to be considered general information only and is not to be construed as constituting legal advice.
Please make an appointment for advice with respect to any specific legal concern. |
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WITNESS INSTRUCTION SHEET
The following advice is given to you to make you more comfortable in giving testimony at trial: |
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| GENERAL COMMENTS |
 Answer as truthfully and accurately as possible. Don't try to memorize your answers in advance as it is important that you make a sincere impression before the Judge or jury. Likewise, don't exaggerate or attempt to mislead, for in doing so you will only create problems for yourself when it comes to your cross-examination. |
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| Don't guess. Answer only what you know or can remember, and feel free to tell the Court if you can't recall or if you don't know a certain fact. Similarly, where times, measurements, or other figures are concerned, give an estimate unless you are absolutely sure of the exact answer. Emphasize that it is only an estimate. |
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| Listen carefully to the question to make sure you understand it. Ask to have it repeated if you don't understand it. |
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| Think about your answers before giving them, but don't be so slow that you give the impression of being reluctant to answer. |
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| Pay attention to the person asking the questions, whether it is a lawyer or the Judge, and do not look for a response from me or anyone else in the courtroom. It looks bad if you appear to be seeking approval for your answers. |
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| If the other lawyer or the Judge objects to a question being asked, do not answer until the objection has been dealt with and do not interrupt the lawyers or the judge while they are discussing the point. |
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| I ASK YOU QUESTIONS FIRST
(EXAMINATION-IN-CHIEF) |
| I will ask you questions first. Please advise me prior to trial if you wish to make use of notes while testifying, as you may be required to produce them during your cross‑examination. In any event, witnesses often are not allowed to refer to notes during their testimony. |
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| When I am examining you, I cannot assist you in making your answers. The questions I ask will tend to be open‑ended. Answer only the question you are asked and no more. Do so loudly and clearly. If I continue asking you the same type of questions, it is because you have not given me the answer I am looking for. If this happens, pause and take your time and try to remember our discussions about your evidence. |
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| THE OPPOSING LAWYER ASKS YOU QUESTIONS NEXT
(CROSS-EXAMINATION) |
| The lawyer on cross‑examination is only doing their job as best as they know how. |
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| Do not respond to their questions with hostility, but be firm in your answers. Do not be intimidated by their questions or manner of asking them. |
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| The lawyer will usually be looking for yes or no answers. Generally, a yes or no answer is sufficient; however, if you feel that a yes or no answer will not tell the whole story, qualify it briefly. |
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| I ASK YOU QUESTIONS LAST (RE-EXAMINATION) |
| After the opposing lawyer asks you questions, I am entitled to ask you further questions to clarify what you said during the cross‑examination. |
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| Please note that I am not allowed to speak with you prior to asking these questions. |
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| Also, I may elect to ask no questions if I feel that to do so would not help the case. |
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| THE JUDGE CAN ASK YOU QUESTIONS ANYTIME |
| Refer to the Judge as either: “Your Honour”, Sir or Madam. |
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| Answer in the same manner as in General Comments, above. |
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| This is not intended to be an exhaustive discussion for everyone. Please make an appointment with us to discuss any concerns you have in your particular case. |
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