Witness Information - Giving Evidence
How do I give evidence?
You may give evidence by either taking an oath or an affirmation. The difference is that an oath has a religious consequence.
If you choose to take an oath, you will be asked:
"Do you swear by almighty God that the evidence you shall give will be the truth, the whole truth and nothing but the truth? Will you please say 'I do'."
If you chose to make an affirmation, you will be asked:
“Do you solemnly and sincerely declare and affirm that the evidence you shall give will be the truth, the whole truth and nothing but the truth? Will you please say 'I do’.”
You will be required to give your evidence by answering questions that are put to you by the parties. The sequence of questioning of witnesses is as follows:
- The party that is calling the witness questions that witness first - this is examination-in-chief.
- The opposing party questions the witness next - this is cross-examination.
- The party that called the witness has the chance to ask questions that arise out of the cross-examination - this is re-examination.
The judge may ask you questions at any time. This is usually done to clarify the answers you have already given.
When addressing a Judge you should refer to him or her as “Your Honour”
After being examined, a witness can either be excused unconditionally and allowed to go, or excused conditionally pending a possible recall. In the latter case, you will be required to remain on standby.
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