So, You’re Being Called as a Witness at a Personal Injury Trial
*This is the 13th blog in our series, The Life of a Personal Injury Case…. From accident to settlement or trial.
You've been asked to testify as a witness in a personal injury trial, and if you've never set foot in a courtroom before, that can feel very intimidating. The good news is that being a witness is more straightforward than most people expect. Your role is a simple one: to tell the court, honestly, what you know. This post walks you through what to expect, from the first phone call with the lawyer to the moment you step down from the witness stand.
What Does It Mean to Be a Witness?
Witnesses help the court understand what happened and how an injury has affected the plaintiff. You may have been asked to testify because you saw the accident, or because you know the injured person as a family member, friend, neighbour, or co-worker. You are not there to argue the case or take sides. You are simply there to answer the questions asked by sharing your own honest observations and experiences.
Being Served with a Subpoena
In some cases, you will be formally served with a subpoena, which is a court document that requires you to attend court and give evidence on a particular date. Receiving one is not a sign that you have done anything wrong; it is simply the court's way of making your attendance official, and it can also help when you need to explain an absence to an employer. It is important to understand that a subpoena is a court order, not an invitation. If you have been subpoenaed and you do not show up to testify, you can be held in contempt of court, which can carry serious consequences including fines, criminal charges, or in some cases a warrant for your arrest to compel your attendance. If something arises that may prevent you from attending, such as an illness, a family emergency, or a scheduling conflict you cannot move, contact the lawyer's office as soon as possible. Do not simply stay away. In most situations, arrangements can be made, but only if the lawyer knows in advance.
Before Trial: Staying in Touch
In the weeks leading up to trial, the lawyer's office will be in regular contact with you. It is important that they know the best way to reach you, usually a cell number, and that they have the correct spelling and pronunciation of your name for the court.
Trials are scheduled over several days or weeks, and the exact time a particular witness is called to testify can shift depending on how quickly the evidence moves. The lawyer will give you as much notice as possible about the date and approximate time you are expected to testify, but please keep some flexibility in your schedule around those dates and keep your phone close by, as timing can change on short notice.
Getting to the Courthouse
Confirm the courthouse location and the date and time you're expected well in advance and plan your route ahead of time. Parking near the courthouse can be limited, especially in Halifax, so give yourself extra time to find a spot and get inside. Aim to arrive early. Being early gives you time to get through security, find the right courtroom, and settle your nerves before you're called to testify.
Arriving and Security Screening
When you arrive at the courthouse, you'll pass through a security checkpoint, like what you'd experience at an airport. Expect to walk through a metal detector and that any bags you have will be screened. Leave anything at home that could be flagged. If you are not sure where to go, check in with court staff and let them know which trial you are there for. They can direct you to the correct courtroom or waiting area. As a witness, you will have to remain outside of the courtroom, going into the room only when you are called to testify.
What to Wear
Dress in a way that shows respect for the court and the process; think of what you might wear to a job interview or a church service. You don't need to wear a suit, but you should look polished and neat. Choose clothing that is comfortable, as you may be waiting for some time before you testify.
Inside the Courtroom
A courtroom is a formal space, but knowing the layout ahead of time helps it feel less overwhelming. The judge sits at the front, elevated, in robes. The lawyers sit at tables facing the judge. There is a designated seat, often called the witness box or witness stand, beside the judge where you'll sit to give your evidence. Members of the public may be seated in the gallery at the back. If your trial is before a jury, the jurors will be seated together to one side.
When the judge enters or leaves the courtroom, everyone stands as a sign of respect. Before you testify, you'll be asked to either swear an oath (on a Bible or other religious text) or affirm (make a solemn, non-religious promise) that your evidence will be truthful. Both an oath and an affirmation carry exactly the same weight, and the choice is yours.
There will usually be a microphone near the witness stand. In most courtrooms, the microphone records the proceedings rather than amplifying your voice, so it's very important to speak clearly and loudly enough for everyone to hear you.
Giving Your Evidence: Direct Examination
The lawyer who asked you to testify will question you first. This is called direct examination. These questions are your opportunity to tell the court what you know in your own words. During direct examination, the lawyer will ask open-ended questions about what you saw or experienced, or, if you know the injured person, what they were like before the accident and how you've seen their life change since. There are no trick questions here; just answer honestly and describe what you personally observed. Try to give your evidence in a straightforward, honest, and forthcoming manner.
Cross-Examination
After direct examination, the lawyer for the other party will have a chance to ask you questions. This is called cross-examination, and it is a normal and expected part of every trial. During cross-examination, the lawyer is allowed to ask more pointed questions called leading questions. The other lawyer may test your memory, ask you to clarify, or explore your answers from a different angle. Cross-examination can be intense because the other lawyer may be trying to challenge some of your evidence by pointing to other evidence (documents or other witness testimony) that is inconsistent with yours, or by suggesting your memory is not reliable. Try not to take it personally, as they are simply doing their job. Stay calm, listen carefully, and give the same honest answers you gave during direct examination.
Tips for Testifying
These simple guidelines will help you feel confident and give your best evidence:
Tell the truth. This is the golden rule. Your only job is to give honest answers to the questions asked of you.
Listen carefully to the whole question before you answer and make sure you understand it. If you don't, it's perfectly fine to ask for the question to be repeated or rephrased.
Answer only what is asked. There's no need to volunteer extra information or guess at what a lawyer is looking for.
If you don't know or can't remember, say so. Testifying is not a memory test. "I don't know" and "I don't remember" can be honest, acceptable answers. Never guess.
Take your time. Pause to think before answering. There's no need to rush.
Speak clearly so the judge, jury, and microphone can capture your answer.
Stay calm and polite, even if questions feel repetitive or challenging.
Being a witness is an important contribution to the justice system, and the court appreciates the time and honesty of everyone who testifies. If you have questions or concerns before your trial date, don't hesitate to reach out to the trial lawyer's office. They are there to help you feel prepared and at ease.
The lawyers at Carter Simpson are experienced, passionate, and devoted to assisting those who have been injured in motor vehicle collisions and other types of accidents. We will advocate on your behalf to secure the best possible outcome through settlement, discovery examinations and/or trial.
Carter Simpson provides this article for informational purposes only. It does not constitute legal advice. Please consult our firm to discuss your specific circumstances before taking any action based on this content. We disclaim all liability for actions taken based on this material.