Going to court as witness

cosanostra · 29-01-2019 10:29pm #1

Up in court as a witness in 2 weeks and any of the info i find online about attending court as a witness only give a textbook description of the experience, don't really know what to expect and getting pretty nervous about it!

Has anyone got 1st hand real world experience of being a witness? what was it like? How bad was the cross examination? was the courtroom packed with people how long are you generally in the witness box for i'm not a key witness im probably near the bottom of a list of 8 or 9 people and my evidence is totally about something the victim told me after an incident took place i would have thought this was inadmissable as its hearsay rather than 1st hand but the garda seem to be happy with it. Do you sit in a witness room all day or are you in the courtroom waiting to be called. What about expenses how hard was it to recoup a days pay what was that process like

hope someone can answer some of these thanks.

smacl · 29-01-2019 11:22pm

Just because you're a witness doesn't necessarily mean you'll be called. My advice would be to be totally honest when and if you are called and you'll have nothing to worry about. My only experience has been as expert witness and was in the stand a fair bit during a reasonably long case. Most of it is waiting around, so bring a decent book. Plenty of days of going in and sitting about only to not get called.

unattendedbag · 29-01-2019 11:35pm

Once your case starts then you will be sitting outside waiting to be called. Your evidence should be pretty much what was on the statement that you gave to the guard. The prosecution may have a few extra questions for you.

If you are cross examined just answer the questions as best as you can. Don't lie, don't make it complicated, just tell the facts as you know it. If you are still unsure then have a chat with the guard that you dealt with and ask him what to expect.

unattendedbag · 29-01-2019 11:42pm

cosanostra wrote: »

my evidence is totally about something the victim told me after an incident took place i would have thought this was inadmissable as its hearsay rather than 1st hand but the garda seem to be happy with it.

Judge will decide what is admissible. In some sexual offence cases hearsay is permissible. The first person a victim tells of an incident can give evidence of what they said. It may support the victims evidence or discredit them.

splinter65 · 29-01-2019 11:43pm

Forget every court room drama you’ve ever seen on TV. Concentrate on the person who’s asking you the questions. Take your time and answer scrupulously honestly and you will have nothing to worry. If anyone asks you something and you don’t know the answer then say “I don’t know”. Keep the answers short.
You mightn’t be called at all.

Duffryman · 30-01-2019 12:04pm

As regards how long you might in the witness box....it's a 'how long is a piece of string?' situation. It can depend even on what court you're in. District Court, probably not very long at all. Circuit Court, expect to be there longer. And so on, up the line....

Claw Hammer · 30-01-2019 12:34pm

In most trials all of the witnesses are present in court. It is only if there is a request that they be heard separately and the judge agrees toi, are witnesses kept outside.
Not all hearsay is inadmissible. There are a number of exceptions to the exclusionary rule. There is also the possibility that the evidence is needed purely for the purpose of establishing where the accused was a a particular time. The fact that the accused and the witness had a conversation in a particular place at a particular time is admissible, even if the content of the conversation is not. The witness's evidence may be needed to disprove an alibi for example.

Canyon86 · 30-01-2019 12:43pm

In a similar boat to the OP

Called as a witness to a car accident

No idea what to expect,

Claw Hammer · 30-01-2019 12:57pm

Canyon86 wrote: »

In a similar boat to the OP

Called as a witness to a car accident

No idea what to expect,

Unless you were the victim, you won't be the first witness called. You will have the opportunity to see how the process works with other witnesses. If it is a civil case, it may well settle without you having to give evidence.

Canyon86 · 18-02-2019 5:07pm

Claw Hammer wrote: »

Unless you were the victim, you won't be the first witness called. You will have the opportunity to see how the process works with other witnesses. If it is a civil case, it may well settle without you having to give evidence.

Just got a phonecall,

I am called this week as a witness,

I was the passenger in the innocent party in an RTA

No idea what to expect

Sajid Javid · 18-02-2019 5:24pm

unattendedbag wrote: »

Once your case starts then you will be sitting outside waiting to be called. Your evidence should be pretty much what was on the statement that you gave to the guard. The prosecution may have a few extra questions for you.

If you are cross examined just answer the questions as best as you can. Don't lie, don't make it complicated, just tell the facts as you know it. If you are still unsure then have a chat with the guard that you dealt with and ask him what to expect.

Never DISCUSS (chat) your evidence or anything else with anybody especially a Guard.

Canyon86 · 18-02-2019 6:31pm

Sajid Javid wrote: »

Never DISCUSS (chat) your evidence or anything else with anybody especially a Guard.

Thanks all for your replies

unattendedbag · 18-02-2019 10:06pm

Sajid Javid wrote: »

Never DISCUSS (chat) your evidence or anything else with anybody especially a Guard.

How is a guard supposed to take a statement then?

Claw Hammer · 19-02-2019 10:32am

unattendedbag wrote: »

How is a guard supposed to take a statement then?

By writing down what he's told, not entering into a discussion with the witness.

Going to court as witness

Comments