WITNESS TESTIMONY GUIDE

Atty. Maita Cascolan-Andres

Atty. Oscar A. Corpuz Jr.

WHAT IS A WITNESS?
A witness is a person who gives evidence orally under oath or by

affidavit in a judicial proceeding.

A witness is someone who goes to court to speak about something

he or she knows.

Telling the court what you know is called "giving testimonial

evidence" or "giving evidence".

Being a witness is very important. It means telling the truth about

what you know.

WHAT IS A COURT?
A court is a place where people gather to hear witnesses testify.

The Judge is in charge of everything that happens in court. He or she sits

at the front and wears a gown.

Inside the court there are lawyers advocating the stance of the Plaintiffs

[Complainants] and there are also lawyers representing the interests of

the Defendants [Respondents].

There are other officers who help run the court, such as the court clerk,

the stenographer,, Interpreter, police / security officers. Media

practitioners and members of the public are also permitted in court.

BEFORE GIVING EVIDENCE

What can you do to prepare yourself for when you testify in court?
Re-read and understand your previous written statement/s, if any [i.e.,

sworn statements, judicial affidavit affidavit].

Make sure you read and achieve familiarity with the contents of the

documents, papers, records, you are to testify on.

Do your best to remember: [i] Dates and Times when incidents occurred;

[ii] Who were there and what they looked like; [iii] Who you talked to,
what you said; and, [iv] Where you were when the incident/s occurred.

GIVING EVIDENCE
What happens on the day you testify in court?
When your name is called, you will be shown the witness box and asked

to swear on oath or affirm [promise] that the evidence you are giving is
the truth.

Lawyers for both sides in the trial will ask you questions. Your lawyer will

take you through your evidence first. This is called Direct Examination
or Examination in Chief. The lawyer of the other side will ask questions
about your evidence. This is called, Cross Examination.

The judge may ask you questions of any kind at any time.

POINTERS IN GIVING EVIDENCE

As a witness, you have a right to speak in a language you are

comfortable with.

Listen carefully to the questions being asked of you. Think about each

question and take a few moments before you give a complete answer.

Always address the lawyers or judge respectfully. If the judge speaks to

you, you generally address him or her as "Your Honor. Lawyers and other
court officers can be addressed as Sir or Madam.
Do not speak at the same time as anyone else, or interrupt the

judge or lawyers.

POINTERS IN GIVING EVIDENCE

You do not need to wear any special clothes when you go to court. Just wear

something comfortable and respectable.

Speak clearly and loudly, so that people in court can hear you and write

down what you say.

Explain what you saw or did or said yourself. Do not repeat the words someone

else told you unless you are asked to do so.

It is ok to cry or become emotional or upset while testifying, however you must try

to remain respectful. If you need a short break or a glass of water to help you calm
down, the judge can be requested to direct a recess.

POINTERS IN GIVING EVIDENCE

Try not to use phrases like I think or I guess when testifying. If you are not

sure about an answer, just say so.

Sometimes the lawyers will ask you questions that you find hard to

understand. When you do not understand a question, say I do not

understand or you could probably ask the question to be repeated.

Sometimes lawyers might use words you do not know. When you do not know,

say I do not know.

When you cannot remember, say I do not remember.

When you do not agree with something, it is okay to say I do not agree.

Never say you agree with something if you do not understand or if you do not
agree.

POINTERS IN GIVING EVIDENCE

Do not worry about cross-examination.

Cross examination makes sure that a witness' evidence really proves

something and this is an essential part of the judicial process.
It is the cross-examining lawyer's job to test your knowledge or memory,
extract information favorable to one party and damaging to the other,
demonstrate bias or lack of credibility, or prove that your previous
statements and current statements are contradictory or in other words,
discredit your testimony.

AFTER GIVING EVIDENCE

When you have finished giving your evidence you will be asked to

leave the courtroom. Someone will tell you when you can leave the
court.

Some court cases last for weeks or monthsor even years. This is

because sometimes the court has to listen to lots of witnesses.

When the court has listened to all the witnesses, it will decide what

has happened and what will happen next. Be prepared for a long wait.

THANK YOU!