More about examination and cross examination
Sometimes a question may be difficult to answer. You should remember that the court is experienced at hearing evidence from a range of witnesses and will understand that some questions may be more difficult than others. You should take your time and keep telling the truth.
It is extremely important that witnesses tell the truth at all times while giving evidence.
Witnesses who deliberately do not tell the truth may face criminal charges.
If you are concerned about what will happen to you if you tell the truth about someone, and feel nervous and anxious about giving your evidence, for any reason, please tell the person who cited you to be a witness.
Witnesses are normally expected to stand to give their evidence but you can ask to sit if you cannot stand for long periods because of age or health reasons. You can also make a request to the judge or sheriff to be seated at any time throughout the proceedings if you are becoming particularly uncomfortable.
When giving your evidence, you should try to speak clearly so that everyone in the courtroom can hear you properly and don't have to ask you to repeat anything.
In some cases, everything that happens in the court is recorded on a tape or by a shorthand writer. This is another reason to speak clearly. It also means that you can’t just nod or shake your head.
Try to speak slowly, as people will be taking notes of what you have to say. Normally you will be asked to confirm your name and give your age, but you may not have to state your current address. If, for any particular reason, you are concerned about the possibility of your address being read in court, talk to the person who cited you as a witness.
If you don't understand a question, it's okay to say you don't understand. Don't just guess. Ask the person to explain the question or say it differently so you can understand it properly. Likewise, if someone in court has not understood your answer, they should let you know.
If you cannot answer a question because you cannot remember something, or don’t know the answer, please say so.
In all courts, the judge or the sheriff has a duty to protect the interest of witnesses.
You are encouraged to let the judge or sheriff know if you have any concerns about the tone or manner of questioning or about your own comfort.
You may wish to discuss how to address the court with the person who cited you as a witness.
Remember what you tell the court must be your own evidence. The court needs to hear from you in your own words. Nobody should tell you what to say. You must tell the truth at all times when giving your evidence.