Calling your Witnesses to Testify
When calling a witness to testify, you should prepare your questions for the witness before the hearing date and review those questions with the witness. Please note that you cannot tell the witness how to answer the questions, you may only prepare them for the types of questions you intend to ask them.
Witnesses should testify about their observations, not their opinions or conclusions. An exception to this rule is if the conclusions relate to matters that are within the knowledge of the average person (for example how old someone appears to be, or whether someone looks upset).
Witnesses cannot be in the hearing room until it is time for them to give evidence. This ensures that their evidence is untainted by hearing your evidence and the evidence of other witnesses.
* Materials adapted, with permission, from AdminLawBC.ca by the Justice Education Society
Information Box Group
Calling your Witnesses to Testify
When calling a witness to testify, you should prepare your questions for the witness before the hearing date and review those questions with the witness. Please note that you cannot tell the witness how to answer the questions, you may only prepare them for the types of questions you intend to ask them.
Witnesses should testify about their observations, not their opinions or conclusions. An exception to this rule is if the conclusions relate to matters that are within the knowledge of the average person (for example how old someone appears to be, or whether someone looks upset).
When testifying a witness may only refer to the documents in the hearing record. They may not use their own notes, or make notes during their testimony. They must show independent recollection of the facts in the document. It is improper for a witness to simply recite from notes.
Witnesses cannot be in the hearing room until it is time for them to give evidence. This ensures that their evidence is untainted by hearing your evidence and the evidence of other witnesses.
* Materials adapted, with permission, from AdminLawBC.ca by the Justice Education Society
Questioning Witnesses
The questioning of any witness by a party (or counsel) is referred to as either examination-in-chief or cross-examination. Questioning is an important aspect of the hearing process:
- examination-in-chief (also known as direct examination) refers to questioning of a witness by the party that called that witness.
- cross-examination is the process of questioning an opposing party’s witness.
Questions asked during examination-in-chief should generally be open-ended questions rather than leading questions (a question that can be answered by a yes or no is a leading question).
Leading questions in the examination-in-chief should be limited to non-controversial background questions. The Respondent can ask leading questions in cross-examination.
The Appellant may also re-examine their witnesses by asking the witness further questions about matters arising out of the cross-examination.