Giving Evidence

Being a witness in any court proceedings can be a harrowing and stressful experience.

Everyone brings their version of the truth to the witness box, but not everyone knows how to behave when giving evidence.

Answering questions, being respectful, understanding the role of cross examination, will all assist you on the day.

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Why is it important?

Barristers use cross-examination techniques to get evidence before the court. The only way they can do this is to ask you, the witness, questions. Your answer is the evidence relied on by each party and the Judge.

There is no other way for the Judge to get the evidence they need to make a decision.

Your evidence and how it is presented, can be critical to a case.

Your presentation in court, your attitude, language (both physical and verbal), your interactions with the Barrister or self-represented litigant tell the Judge much about you and your evidence. You want to put your best foot forward and have your evidence presented as clearly and concisely as you can. 

This is where I come in. I assist you to understand these nuances, I work with you to navigate a path through the evidence put on affidavit and point out inconsistencies in your evidence.

I prepare you for the rigours of cross-examination and ensure you understand the varying ways questions, propositions and suggestions are framed in court.

You will be guided on court etiquette and the court layout.

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What to Expect

Preparation includes:
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• Information on how the court operates
• Court protocols
• What to expect inside the courtroom
• Body language
• Appearance
• Cross examination style questioning to familiarise the client with the type and style of questions that may be put to them whilst giving evidence
• Appropriate responses and answers to questions put by counsel
• Assisting you to understand the purpose of cross examination and re-examination, and how responses are your evidence
• Understanding that questioning isn't personal
• Education on the role of cross examination in contested hearings
• Identifying inconsistencies in evidence before trial
• Understanding the role of your affidavit; your evidence in chief
• At no point are you coached or assisted to change your evidence.

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My History

I have been working with a specialist family law barrister for nearly a decade, providing witness preparation and support services to his family law clients.

This is a unique service within Australia.

As a therapist, I bring a unique mix to the witness preparation service.

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Papers Written

2017 Vietnam Family Law Conference

witness_preparation_paper_-_lisa_testart_-_vietnam_2017.pdf
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