Being a witness in a trial is an important responsibility. A formal summons will be issued, and the attorney may meet with you beforehand. In court, you will take an oath and be questioned by the party who called you, followed by cross-examination and redirection.
One of the most crucial aspects of a fair legal process is the right to call witnesses from both sides. When you are asked to serve as a witness, it is assumed that you know information that may be relevant to the trial. There are certain legal and social expectations that accompany being a witness, and being aware of these before going to court can be helpful.
In many cases, witnesses already know they are likely to be called. The court where the trial is taking place will issue a formal summons requesting your presence in court on a specific day and time. This summons will usually also state who is involved in the process and which party called you. Failure to respond to this summons can result in severe prison sentences and fines. If you feel you are unable to respond to a subpoena, you should arrange a meeting with the judge to discuss your issues. If you have any concerns about your safety, be sure to raise them with the judge.+
Commonly, the attorney requesting your presence as a witness will meet with you before you are due to testify. The attorney can take a deposition, a formal statement that will be placed in the evidence, or they can simply talk to you to familiarize yourself with the questions that will be asked. The lawyer can’t tell you what to say on the witness stand, but he will try to make you comfortable with the process and may offer some advice on how to dress while in court to make a positive impression.
When you arrive in court, you will not be allowed into the courtroom until you have testified. This measure is designed to ensure that you are not influenced by the testimony of other witnesses. Once called, you will be asked to enter the witness stand and take an oath or affirmation. If you are of a non-Christian faith or prefer to take an affirmation, you may wish to inform the court of this in advance, so that a proper oath can be taken.
The party who called you has the right to question you first. If, for example, you have been called by the defense, the defense legal team will question you in an attempt to present your evidence before the jury. You should speak clearly and concisely and be sure to make eye contact with the interrogating attorney and the jury. The other party may object to certain parts of your testimony, in which case the judge will rule that you can continue, or that your interrogator should pursue a different line of questioning.
After you have been questioned, the other party has the right to cross-examination. Sometimes, this right will be revoked. In other cases, an attorney will ask you probing questions aimed at clarifying and potentially undermining your testimony. You may even feel slightly attacked or vilified, depending on how the attorney chooses to question you. By remaining calm and continuing to be truthful, however, you will be doing your job as a witness.
Finally, the attorney who initially questioned you can question you again, in a process called redirection. A redirect is used to quickly emphasize important points in your testimony, while also correcting any weaknesses that may have been made during cross-examination. Afterwards, the judge will thank you and dismiss you. At this point, you can stay in court, or you can leave and go about your day.
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