A Witness In Court – Some Practical Tips

Witnesses attending court will inevitably have a lot of questions about the practicalities of giving evidence:
• Where does the witness sit?
• What should a witness wear?
• What does the court look like?
• How is a court set up?
• Who else will be in the court while I give my evidence?
• Who will be cross examining me?

These are all very valid questions, and very natural when faced with the nerves and stresses of giving evidence. The courtroom is a very different and unusual place (even for some lawyers!) so as a witness some uncertainty is to be expected.

What should a witness wear?

In most cases, the witness should wear professional business attire – ideally a business suit. Men will need to wear a tie. Work out well in advance what you are going to wear. If you haven’t worn it for a while, try it on again a week or so prior. Do the trousers still fit? Should it be dry cleaned beforehand? Do the shoes need a polish?

Layout of the Court?

All courtrooms vary in look and “feel” but they are fundamentally the same. The Judge (or judges) sit at the front behind a desk on a raised bench, facing the people in the court – including the witnesses. There will be other court staff sitting in the court facing those attending. These include the judge’s associate (a kind of legal assistant) as well as a typist/court reporter. A court officer is also in attendance to help the judge with the administration on the day – calling parties into the court, calling witnesses and administering oaths.

The parties and public sit facing the judge and court staff. At the front, closest to the judge, will be the bar table where the advocates sit and address the judge (and cross examine the witnesses). Behind them is often another table, or tables, for other members of the legal team.

Behind them, also facing the judge and the front of the court will be the public gallery, from where members of the public (and the press) can view the proceedings.

On one side of the court will be the seating for the jury. Jurors will only sit here in criminal trials, and very rarely in civil matters. On the other side of the court, facing the jury, is the dock, where the accused will sit (and from where they will give their evidence). In a civil trial the dock will be empty.

There will also be a seat, often close to the judge, for the witness. This is called the witness box, and it is where the witness will sit to give their evidence.

All courtrooms vary. Some are old buildings with wood panels – the sort you see in films and movies. Others are more modern and “office like”, typically in commercial matters. Courtrooms are also often smaller than you think or expect.

A good video outlining what some Australian courtrooms look like and how they are set up is available below.

Note there are some differences in court terminology between the various Australian states and jurisdictions, but they are broadly similar.

Who else will be in the Court as I give my evidence?

There will be quite a few people in the Courtroom watching you give your evidence. Obviously the judge and other court staff, as well as (in a criminal trial) any jury and the accused.

Facing you as a witness will be the advocates and legal teams, as well as members of the public in the public gallery. Once you are sworn as a witness (ie. by taking the oath or affirmation), the advocates (usually barristers) will stand and ask you for your evidence. The bulk of your evidence will be cross examination, which is conducted by the opposing advocate.

There will be quite the audience for your evidence. It will be a potentially very daunting and nerve-wracking experience. Try and remain calm!

Can I view a court proceeding prior to me giving evidence?

In general most court hearings are conducted in “open court”. This means that anyone can attend and watch the hearing – it is part of the principle of the openness of justice and very important in legal proceedings. Some matters are heard in a “closed court”. This can include certain criminal matters (often involving children) and also civil matters where confidential information is being considered.

As a witness you are able to go to a court and see how the process works. In fact, this is recommended. In the lead up to you giving evidence you should go into the courts (ideally the same courthouse, or even court room where you will be giving evidence) and watch some proceedings. This will give you a much better understanding of what the Courtroom looks like, and how it operates.

As a witness you generally cannot attend the court in the actual hearing in which you are giving evidence unless you are a party to the proceeding – and cannot watch others give their evidence prior to you giving yours.

Other Tips For Witnesses

A few additional brief tips for witnesses in court are as follows:

• Turn off your mobile phone.
• Bring in a bottle of water.
• Remember courtrooms are recorded - everything you say in a courtroom (even when the court is not in session) will be recorded.
• You cannot film or record in a courtroom.

In Conclusion

Going to court is unnerving – it is a very foreign and daunting environment. Still, with proper preparation and work, the process can be made much easier and less intimidating. Speak to your legal team about this, and perhaps even get some training on the court and witness process.

Ultimately, remember that if called to court to give evidence the best thing you can do (and indeed you have to do) is simply to tell the truth!