Do I have to appear in court as a witness?

If your case goes to trial you will need to appear in court. Written witness statements must be taken and exchanged between both parties before the trial. Your witness statement will usually serve as your ‘evidence in chief’ – meaning that you are not normally allowed to expand on your statement at a later date unless the judge’s permission is given. The other party’s legal representative will cross-examine you on the basis of your statement. If your witnesses, including you, do not appear for cross examination then the evidence will carry little weight.

In court hearings that are not trials (for example in a hearing for a summary judgment), evidence is usually given only by witness statement. If you refuse to give a witness statement, the other party may obtain a witness summons from court ordering you to give evidence. If you do not comply with the witness summons and do not attend the trial or give evidence, committal proceedings (such as proceedings that commit you to prison) may be taken against you.