The Civil Court and Tribunal Process Explained
Understanding the Setting Before You Get There
One of the most consistently effective things that witness familiarisation does is demystify the environment in which evidence is given. Many witnesses who are anxious about giving evidence are anxious partly because they have never been in a courtroom or tribunal hearing room and have only a vague and often inaccurate impression of what happens there. Understanding the physical environment, the people present, the sequence of events, and the practical mechanics of the hearing significantly reduces the anxiety of the unknown. This chapter covers civil courts and employment and other tribunals in England and Wales.
This page is part of the Witness Familiarisation Knowledge Guide. If you need witness familiarisation training see my witness familiarisation training page.
The Civil Court Environment
Civil cases in England and Wales are heard in the County Court and the High Court, depending on the value and complexity of the claim. The physical environment of a civil courtroom is formal. The judge sits at an elevated position at the front of the room, usually on a raised platform. Counsel for each party, typically a barrister, sits at tables facing the judge. Behind them sit instructing solicitors. The witness box is usually to one side of the courtroom. Witnesses give evidence from the box and are required to stand to take the oath or affirmation before sitting to give their evidence.
The court usher is the person who manages the physical arrangements of the hearing, calls witnesses when they are needed, provides documents, and helps witnesses navigate the environment. If you are not sure what to do or where to go, the usher is the person to ask.
Most civil court hearings are open to the public. If you have the opportunity to attend a hearing in the same court or courtroom as an observer before your own evidence is due, this can be a very valuable way to become familiar with the environment. You do not need to give your name or explain who you are. You can simply attend and sit in the public gallery.
The Sequence of a Civil Trial
A civil trial typically follows a structured sequence. It begins with opening submissions from the advocates, in which each side outlines the issues and their respective cases. Witnesses are then called to give evidence, usually in the order: claimant’s witnesses first, then defendant’s witnesses. Each witness is examined in chief, cross-examined, and then re-examined if necessary. After all the witnesses have given evidence, the advocates make closing submissions, summarising the evidence and the legal arguments for the judge’s decision.
Witnesses are usually excluded from the courtroom while other witnesses are giving evidence. This “witness separation” is designed to ensure that each witness’s evidence is independent of what others have said. You should not discuss the evidence with other witnesses either before or after you have given yours. If you are told to wait outside the courtroom until you are called, follow that instruction.
What to Call the Judge
How you address the judge depends on which court you are in. In the County Court, judges are usually addressed as “Your Honour.” In the High Court, judges are usually addressed as “My Lord” or “My Lady” for male and female judges respectively. In practice, mistakes in forms of address are treated generously: courts understand that witnesses are not lawyers and do not expect them to know the correct form of address. If in doubt, “Judge” is generally acceptable and will not cause offence.
The Tribunal Environment
Tribunal hearings are generally less formal in physical appearance than civil court hearings but they remain formal decision-making processes and should be treated as such. Most tribunal hearings take place in office-style hearing rooms rather than traditional courtrooms. The layout is typically a table arrangement with the judge or panel at one end, the parties and their representatives at tables facing them, and a designated witness position.
Some tribunals sit with a single legally qualified judge. Others sit with a panel that includes lay members with specialist knowledge or experience relevant to the type of case. The Employment Tribunal, for example, often sits with a legally qualified judge and two lay members with employment experience. The presence of lay members does not change the formal nature of the proceedings or the importance of giving honest evidence clearly.
Tribunal procedures vary between jurisdictions. Some tribunals are more inquisitorial in style, with the judge taking an active role in questioning witnesses directly. Others are more adversarial. Witnesses who do not know what style of questioning to expect can be surprised when the judge asks questions directly rather than leaving the questioning entirely to the advocates. Understanding that this is normal in many tribunals helps prevent unnecessary anxiety when it happens.
Giving Evidence Remotely
Since the pandemic, remote and hybrid hearings have become a regular feature of civil court and tribunal proceedings. A witness may be required to give evidence by video link rather than in person. Remote evidence-giving has practical implications that are worth understanding in advance.
The same standards of honesty, accuracy, and conduct apply whether you are giving evidence in person or by video. The oath or affirmation must still be taken. You must ensure you are in a quiet, private location where you cannot be overheard and where you cannot be coached or prompted. You should have your documents available in the form the court has specified. You should test your technology connection in advance. Background, lighting, and sound quality all affect the experience of your evidence for the judge and advocates.
Some witnesses find giving evidence remotely less intimidating than appearing in person. Others find the technical aspects add to their anxiety. Good preparation covers both possibilities.
What Happens After You Give Evidence
Once you have given evidence and been released by the judge, you are free to leave. In some cases you may be asked to remain available in case additional questions arise. Once released, avoid discussing the evidence with other witnesses who have not yet given theirs. The hearing will continue with other witnesses and ultimately with closing submissions and the judge’s decision, which may be given immediately at the end of the hearing or reserved and handed down in writing at a later date.
Published Resources
My book Winning in the Witness Box: A Practical Familiarisation Guide to Giving Evidence in Court or Tribunal covers civil courts, criminal courts, employment tribunals and other tribunal hearings in detail, with diagrams of courtroom layouts, guidance on forms of address, and practical checklists for each stage of the process.
Frequently Asked Questions
Do I have to attend in person or can I give evidence by video link?
Whether you can give evidence by video link depends on the court or tribunal and the arrangements made for the specific hearing. Remote evidence is now common but it is not automatic. Discuss the question with your legal team and with the court or tribunal administration as early as possible.
How long will it take to give my evidence?
This depends on the case and on how much of the disputed evidence involves you. Your legal team will usually be able to give you a rough indication based on the timetable for the hearing. It is common for timetables to shift during a trial, so build flexibility into your plans for the day.
Can I take notes into the witness box?
You cannot generally use personal notes in the witness box. Evidence must come from your own recollection or, where appropriate, from documents in the trial bundle that are being put to you. If you want to refer to any particular document during your evidence, discuss this with your legal team in advance.
Further Reading
This page is part of the Witness Familiarisation Knowledge Guide.
Related chapters:
- Giving evidence in the witness box
- Cross-examination explained
- Preparing to give evidence
- Supporting vulnerable, neurodivergent and anxious witnesses
- Credibility: what judges look for
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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.