Giving Evidence in the Witness Box
What Happens When You Are Called
Being called to give evidence is often more manageable than witnesses fear, provided they know what to expect. The process follows a consistent sequence in civil cases and many tribunal hearings: the oath or affirmation, examination in chief, cross-examination, and re-examination. Each stage has a different character and places different demands on the witness. Understanding what each stage involves before you face it is one of the most valuable things witness familiarisation can do.
This page is part of the Witness Familiarisation Knowledge Guide. If you need witness familiarisation training see my witness familiarisation training page.
The Oath or Affirmation
Before giving evidence, every witness must either take an oath, promising to tell the truth on a religious text, or make a solemn affirmation, which has the same legal effect without religious content. The choice is yours and either is entirely acceptable. What matters is that you take the commitment seriously. Giving false evidence after taking an oath or making an affirmation is perjury, which is a serious criminal offence.
The usher or court clerk will guide you through the oath or affirmation. You do not need to memorise the words. You will be given a card to read from, or the words will be read to you and you will be asked to repeat them. Speak clearly and at a measured pace.
Examination in Chief
In most civil cases, your witness statement has already been provided to the court and stands as your evidence in chief. This means the advocate who has called you will not usually ask you to give your evidence from scratch. Instead, they may ask you to confirm that your statement is true and correct, and then ask a limited number of additional or supplementary questions. You will then be cross-examined by the opposing advocates.
In criminal cases and some other proceedings, you may still be asked to give your evidence verbally in examination in chief before cross-examination begins. In that situation, the questions asked will be open questions designed to allow you to give your account in your own words and at your own pace. Take your time. Answer each question fully but without unnecessary elaboration. Wait for the question before you start answering.
How to Give Evidence Well
The practical mechanics of giving evidence are straightforward once you know them, but they take concentration to execute well under pressure.
Listen to the full question before you answer. This sounds obvious but it is one of the most common mistakes witnesses make. Starting your answer before the question is finished often results in answering the question you expected rather than the one actually asked. It also appears impulsive and can make a witness look evasive or over-prepared.
Pause before you answer. A brief pause to think before answering is not weakness. It is good practice. It helps ensure your answer is accurate, measured, and responsive to the actual question. Judges do not penalise witnesses for taking a moment to think.
Answer the question asked and then stop. This is the most important single habit to develop. Answer the question as asked and then stop. Do not volunteer additional information. Do not use every answer as an opportunity to add context, explain the background, or make arguments. The temptation to elaborate is strong, but it almost always makes things worse. The more a witness says that was not asked for, the more material the cross-examiner has to work with.
Direct your answers to the judge. Even when the question is asked by a barrister standing some distance away, your answer should be directed to the judge or tribunal. Judges are the people whose views matter. Advocates are not assessing your evidence: judges are.
Speak clearly and at a measured pace. The judge may be taking notes of your evidence. If you speak too quickly, important answers may not be recorded accurately. Speak at a pace that allows the judge to follow what you are saying.
Acknowledge what you do not know or cannot remember. Saying “I do not know” or “I cannot recall that with certainty” when those are honest answers is entirely appropriate and far better than guessing. Judges understand that memory is imperfect. What concerns them is inaccuracy, not limitation.
Accept fair points. If a question invites you to agree with something that is accurate, or introduces a document that clearly shows something you cannot credibly dispute, accept it. Resisting the obvious is one of the most damaging things a witness can do.
Handling Documents in the Witness Box
Documents will almost certainly be put to you during cross-examination. A bundle of documents in page order will usually be available in the witness box. When a document is put to you, take the time to read it properly before answering questions about it. Do not rush, do not skim, and do not assume you know what it says. Answer based on what the document actually shows rather than what you believe or expect it to show.
If you are asked whether you recognise a document, say so if you do, and say so if you do not. If you are asked what a document shows, answer based on its face. If you are asked to agree that a document shows something you do not think it shows, you can politely but clearly disagree and explain briefly why.
Re-examination
After cross-examination, the advocate who called you may ask additional questions in re-examination. Re-examination is limited to matters that arose in cross-examination. It is not an opportunity to give evidence that was not covered in examination in chief. The advocate will ask open questions and give you the opportunity to clarify or explain anything that was left unclear or incomplete by the cross-examination.
After You Leave the Witness Box
Once you have finished giving evidence you will be told that you are released and may leave. In some hearings you may be asked to remain available in case you are needed again. Once you are released, avoid discussing your evidence with other witnesses who have not yet given theirs. Courts and tribunals take witness separation seriously.
Published Resources
My book Winning in the Witness Box: A Practical Familiarisation Guide to Giving Evidence in Court or Tribunal covers the entire process of giving evidence in detail, with practical checklists for every stage and worked examples of how different situations are best handled.
Frequently Asked Questions
Can I refer to my witness statement while giving evidence?
In most civil cases your statement stands as your evidence in chief so you will have had the opportunity to review it before being called. During cross-examination you may be referred to specific paragraphs. You can ask to see the document if it is put to you. Whether you can refer to it to refresh your memory in other circumstances depends on the specific rules of the proceedings and should be discussed with your legal team.
What should I do if I do not understand a question?
Ask for the question to be repeated or clarified. “I am sorry, I did not quite follow that” or “Could you rephrase that?” are entirely appropriate responses. It is far better to ask for clarification than to answer a question you have not properly understood.
What if I realise mid-way through giving evidence that I made an error in an earlier answer?
If you realise you have given an inaccurate answer, you can ask to correct it. “I should correct something I said earlier” is a legitimate and often well-regarded thing to say. Judges generally view a witness who corrects an honest mistake more favourably than one who allows an error to stand.
Further Reading
This page is part of the Witness Familiarisation Knowledge Guide.
Related chapters:
- Cross-examination explained
- Preparing to give evidence
- Credibility: what judges look for
- The civil court and tribunal process explained
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Important disclaimer: This page is provided for general information and educational purposes only and does not constitute legal advice. The content may not be legally accurate for your specific situation. You must not rely on anything on this page in respect of your legal rights. The law in this area relates to proceedings in England and Wales only. Always seek independent legal advice from a qualified specialist before taking or refraining from taking any action. The author accepts no responsibility for any decisions made or outcomes arising from use of this material. If you would like specific advice on your situation, contact me here.