Giving evidence in Court – a quick guide

You will have heard phrases like ‘in the box' or ‘taking the oath', but what do they actually mean?

In Family Proceedings if you have made and signed a witness statement there is a chance that you will be called to Court to give evidence.

If the Court believes that your attendance is important or crucial to the case, then you can be forced to attend, even if you decide that you do not want to. A subpoena will  be issued and served upon you.

Parents who are involved in family matters before the Court will be used to making and signing statements with the assistance and guidance of their lawyers .

So what happens?

You will be asked to go into the witness box and to either ‘take the oath' or make an affirmation that your evidence is 'true’. The difference between the two is that an oath is a religious commitment and you will be asked to swear your oath on the Holy book, according to your religious beliefs. An affirmation is non-religious.

You will/should have had an opportunity to read your statement(s) before going to Court. Remember, it is not a test of memory and you will be taken to your statement in the papers in the Court room.

You will be asked questions by each parties legal representatives and sometimes by the Judge him/herself .

At the end of your time in the witness box you will be ‘released'. This does not mean that you can go home and tell everyone about the case and what you have told the Court. Unlike Criminal Proceedings, Family Proceedings are usually heard in private and are governed by rules of privacy and confidentiality.

Advice when giving evidence

  • Listen carefully to the question being asked. Take your time and don’t answer a different question.
  • The Judge and the legal representatives will write down your answer, so speak clearly and not too fast.
  • Address your answer to the Judge. It is he/she who is making the decision. Not the lawyer for the parties.
  • Don’t get into an argument with the person asking the question. You won't win and the point you wish to make will be lost.
  • If you don’t understand the question then say so, don’t guess the answer. You are being asked to tell the truth and so it is absolutely fine to say "I don’t know" if that is the case.
  • Take matters seriously. Don’t be flippant or jokey or try to impress the Judge/Court with your witty responses. It will not create a good impression and the Judge is likely to place little  weight on your evidence.

Above anything else – tell the truth.

If you in need any further guidance or advice regarding a Family Law matter, please do get in touch. You can also find a wealth of information on the Family Page of our website.