If you could choose, how would spend your day? At the beach – with sun, sea and sand? Or in front of the box – bingeing out on Bridgerton? Maybe you’d think bigger – a dream date with Taylor Swift or Harry Styles?
Chances are, whatever your answer is, it won’t be “attending at a sheriff court to give evidence in a civil proof.’ Like dental treatment or changing the cat litter, it’s one of those things you do because you have to (and just to be clear, if you’ve received a witness citation, you definitely have to). Unfortunately we can’t get you out of it, but hopefully the following can provide a few pointers to ease the stress of the occasion.
Before the Court Date
Before the actual day of the proof, check your citation carefully and contact the lawyer that cited you if you have any questions. They can tell you – if you’re unclear – what you’re going to be asked about. Confirm if you definitely have to attend – it may be that the case has resolved and your citation has, through oversight, not been cancelled (yes it can happen). Also, make sure you’ve got the correct court. Don’t assume it’s your local sheriff court, or the one closest to where the incident that you are giving evidence about happened. There’s nothing worse that turning up at Elgin only to be told you should be in Edinburgh.
The Day of the Court
Wearing something reasonably smart to show respect for the court. Something too casual might cause a sheriff to think you’re not taking things seriously – and that may impact how they receive your evidence. Also make sure your phone is fully charged (see later). And make sure you plan your journey so you arrive in plenty of time.
On Arrival at Court
Many courts now have a security screening, like you might see at an airport. Make sure all your metal objects are in the one place to save you searching through pockets when you arrive. After passing through security, check at the information desk to find out where you should go. You will be directed to a witness room or possibly the courtroom itself. If it’s the courtroom, don’t actually enter the courtroom, unless you are a party to the action as well as being a witness – otherwise, wait outside. The lawyer who cited you will find you. Your citation will likely give a time of 10am or slightly earlier. However there is little chance of you giving evidence at 10am, much more likely is that you will find yourself waiting…
and waiting…
and waiting…
Unfortunately it’s the nature of the beast that a big part of the court experience is “hanging around”. Bring a book or magazine(s), or make sure there’s plenty of charge in your phone (assuming there are no signs up saying phones have to be switched off. If you are allowed phones, keep it on silent.) The solicitor who cited you should keep you advised as to what’s happening but they’ll be busy with the case – they might not be able to provide constant updates.
Being Called to Give Evidence
When it is – finally – your turn to give evidence, you will be fetched by a court officer and taken from the witness room to the courtroom.
If it was on, make sure your phone is now switched off.
The Courtroom
The courtroom itself is arranged with the sheriff seated on an elevated bench at the front. The clerk of the court, who assists the sheriff, sits in front of the sheriff. Lawyers (and sometimes parties to the action) sit at the table facing the sheriff. There are seats at the back for members of the public.
When you enter the courtroom you will find the court in session and the eyes of everyone there upon you. Don’t be fazed by this. You will be directed to the witness box and the sheriff will ask you to take an oath or affirm that you will tell the truth. (The oath is usually used, but you can affirm if you prefer.) In terms of addressing the sheriff, it is “My Lady,” if it’s a female sheriff or “My Lord” if it’s a male sheriff. Don’t worry if you use a wrong term. Many people will say “Your Honour” because that’s what they see on English or American TV shows. Few sheriffs will take offence as long as they know you’re trying to be respectful. The sheriff may offer you a choice of whether to sit or stand. If not – stand.
Examination-in-Chief
The lawyer for the party that called you as a witness will begin by asking you questions. This is known as the “examination-in-chief.” The purpose of this is to allow you to present your evidence in a clear and structured manner. A few points:
- Be Honest: Always tell the truth. Giving false information can get you into significant trouble. If you don’t know the answer – say that you don’t know, Don’t guess an answer, or give an answer that you think would help the party you’ve been cited to appear for.
- Listen Carefully: Ensure you understand each question before responding. If you don’t understand a question, it’s okay to ask for it to be repeated or clarified.
- If you can answer yes or no, do so. So if you were asked “Are you the owner of the car?” don’t say – “Yes, I bought if off the internet from some punter from Dundee six years ago, it cost me three grand, I think he did me to be honest, the wipers have never worked properly….” Just say “Yes.” If more details are required, the lawyer will ask for those details.
Cross-Examination
Following the examination-in-chief, the opposing party’s lawyer will cross-examine you. This might get difficult. The lawyer may well put it to you that your evidence in chief was not correct or even that you’ve been untruthful. The lawyer may be hostile. Try not to get upset or angry. It’s not personal – if the lawyer’s client has given a different version of events then that lawyer has a duty to put that to you and test your version of events. Remain calm, take your time to understand each question, and, as always, respond truthfully. Again, if you don’t know the answer or cannot remember, just say so.
Re-Examination
After cross-examination, the lawyer who cited you might ask further questions – this is called re-examination – to clarify anything that arose during cross-examination. The sheriff may also then have some questions for you.
After this – it’s all over! You have finished giving evidence. You can choose to stay and listen to the rest of the case or leave the courtroom and get on with your day. Courts rarely run very late, so you should be all done by four or five at the latest.
Plenty of time to get ready for that date with Taylor or Harry.
