You may be asked to be a witness if you have information about a crime. Your evidence will help the judge or jury to decide whether the person accused or the crime is guilty or not guilty. You may be asked to be a witness even if you did not actually witness the crime, as you may still have valuable information.

You can become a witness by agreeing when asked, or by court order. You will either give evidence for the Defence lawyer, who is defending the accused against the charge, or for the Crown Prosecutor, who is trying to prove the case against the accused.

The court can make an order called a subpoena that requires you to appear in court and given evidence. The subpoena will set out the day, time and location where you must attend to give your evidence. The subpoena will also indicate whether you are a witness for the Defence or the prosecution. If the trial or hearing is adjourning, you may be required to return at a later date.

As a general rule, a subpoena must be "served" on you. This means the subpoena must be left with you personally, not with a family member, friend or anyone else. However, if you cannot be found, the court may make an exception and allow the subpoena to be left at your home with someone 16 years or older

Yes. If is an order of the court. If you fail to obey the subpoena the court could issue a warrant for your arrest. You could also be charged with a crime, known as contempt of court. As a result, you could be jailed with contempt of court if you appear in court but then refuse to testify.

Under some circumstances, the court may excuse you from being a witness. For example, you may have a medical reason. If you think you have a lawful excuse for not going to court you should contact the lawyer who sent you the subpoena. Even if the court excuses you from being a witness of that date, you may still be required to attend on a different day.

Bring your subpoena with you, and let a court official know you are there. A court clerk will call your name when it is time for you to given your evidence. The lawyer may want to talk to you before court. You do not have to talk to either lawyer before court, but may do so if you wish. If the lawyer has not approached you before court and you want to talk to that lawyer, you should go to the court early and ask to speak to the lawyer.

If more than one witness will be called, you may be asked to wait outside the court room, until it is your turn to testify. This is to ensure that your testimony will not be influenced by first hearing what other witnesses have to say.

Before you give your evidence you will be asked to swear that you will tell the truth. This is being sworn in. You may be sown in by taking a sacred oath that binds you conscience, for example by swearing on the Bible, or you may affirm or promise to tell the truth without religious belief. If you lie in court, you could be charged with a serious crime call perjury. The penalty for perjury can be as high as 14 years in jail.

The lawyer who called you as a witness will ask questions first. Then the other lawyer will have a chance to ask questions as well. This is called cross-examination. The first lawyer can then re-examine you on points that need to be clarified.

You should take all the time you need to answer. Be sure you understand the questions. If you do not understand, ask for clarification. If you do not know the answer to a question, or do not remember, say so. If you become upset while giving evidence, ask the judge for a break. If you make a mistake, correct it as soon as possible.

Your employer must give you time off to attend court and cannot fire you because you have to take time off to appear as a witness. Employers are not, however, required to pay you for this time off. If you need to spend your own money to be a witness, the lawyer who called you as a witness may cover some of your expenses, such as travel costs, meals, and hotels. Ask the lawyer who called you as a witness to discuss this matter.

If English is difficult for you, you can ask for translation services.  You should ask for translation services ahead of the court date.  You can speak tot eh Crown Prosecutor's office in advance if you are testifying for them or with Defence counsel if you are testifying for them.

If you have hearing impaired or mute, you can still be a witness. Special services may be provided. You should contact the lawyer who called you as a witness to ask for these services.

You may be nervous about giving personal information. You may be unsure about understanding and answering the questions well. You may be worried about not remembering important dates, times or other details. These concerns are normal. By talking to the lawyer who called you as a witness, you can learn more about what to expect in court and whether you can read a written statement or take notes into court. Using notes or reading your evidence should only be done with the lawyer’s approval ahead of time.

Court proceedings usually are open to the public. In some cases, such as with a charge of sexual assault, the Crown Prosecutor can ask the Judge to make an order saying that the victim’s identity cannot be made public. In very rare circumstances, the public may be excluded altogether.

Victims Services Programs offer assistance and support to victims who are required to testify in court. They can provide a liaison between the victim, the police and the court. The police can help you contact Victim Services personnel in your area.

If someone puts pressure on you to not appear in court or to give false evidence in court, you should talk to the lawyer who called you as witness or call the police. It is a crime for anyone to threaten or intimidate a witness.

If you are afraid of being charged with a criminal offence because of answering certain questions in court, you should ask the judge if you are required to answer the questions. If you are required to answer, you must tell the judge that you do not want to answer the question because you think you might be charged with a criminal offence. Even though you still need to answer the questions, the answer cannot be used as evidence against you. If you refuse to answer the question you may be charged with contempt of court.

If you think you might be charged with an offence because of evidence you must give in court, you should consult your own lawyer.

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*Registered trade name of Michael J. Dimnik Prof. Corp