A witness is a person who saw a crime or was a victim of a crime. A witness can be subpoenaed ordered to attend court as set out in the Criminal Code of Canada or by a criminal proceeding in the NWT.
Witnesses are called to court to answer questions about a case. The information a witness gives in court is called testimony and is used as evidence to set out the facts of the alleged crime. If you were a victim of a crime or witness to one, you may receive a subpoena telling you when you have to come to court, and who is calling you to court. The Crown prosecutor or defense lawyer will probably talk to you to find out what you know about the case before they decide to call you as a witness.
At this stage you do not have to answer their questions unless you want to; but if either lawyer subpoenas you as a witness, you must go to court. If you receive a subpoena, you should arrange for time off work and for someone to look after your children while you are in court. Your employer must give you time off to go to court, and can't fire you or penalize you for the time off, but is not required to pay you.
It is hard to say how long you will be in court. A legal proceeding could take hours or days; and you could be required to go to court more than once.
You must be available to the court until the judge lets you leave. If you don't go to court when you are supposed to, the judge can charge you with contempt of court and issue a warrant for your arrest. Ask the lawyer who subpoenaed you if you are eligible to apply for witness expense assistance. Witnesses who are required to attend court in a community outside of their home community can receive assistance with the expenses involved in travelling to another community.
The provisions of the act apply to: A person fourteen years of age or under or at the discretion of court, a person Who is witness in judicial proceeding under chapter or , RSMo divorce or adoption , OR Who is alleged victim or witness in judicial proceeding under chapter , , or , RSMo crimes involving: adult abuse, offenses against person and family and sex offenses What rights does the act give to qualifying child witnesses:.
Kids Court is a program designed to introduce child witnesses to the court room setting and aims to reduce the anxiety that comes naturally with appearing and testifying in an unfamiliar setting.
It contains general information about the law. It does not contain a complete statement of the law in this area and is not a substitute for legal advice. If you need legal advice, contact a lawyer.
Prosecuting Attorney. About Us. How do I prepare to testify in court? Where do I go and what do I do when I arrive in court? Testifying in Court, What will happen in court? How should I behave in court?
What should I keep in mind when answering questions in court? Do I have to answer every question I am asked? How long do I have to spend in court? What if someone tries to get me to change my testimony?
What happens when there is a delay or adjournment? Are there any childcare facilities in the courthouse? Will I be paid for being a witness? Are there any special protections available for child witnesses who testify in criminal court? Disclaimer Introduction and Contact Information The following explains your rights and responsibilities as a witness in the criminal courts of Greene County, Missouri. Before You Testify in Court, What is a subpoena?
Turn off your cell phone before entering the courtroom. Stand up when the judge enters or leaves the courtroom. Do not discuss your testimony with other witnesses. If a jury is present, do not talk to jurors.
In court, your job is to tell the truth and to answer the questions you are asked to the best of your memory. You should wear neat, clean clothing. Judges are addressed as "Your Honor", "Sir" or "Ma'am". Follow the instructions of the judge.
Remain quiet if you are in the courtroom waiting to testify or watching other testimony or proceedings. It is normal and natural to feel nervous when answering questions in court. Take your time when you are answering questions - there is no need to feel pressured. Listen carefully to the question that is asked to make sure you hear it properly. Do not guess at what is being asked. If you don't understand a question, ask for the question to be repeated or asked in another way.
Be as clear as possible. Avoid phrases such as "I think" or "I guess". If you do not know the answer to a question, say so. Tell the truth and to answer the questions you are asked to the best of your memory. Answer the questions you are asked and then stop. Having to go through the criminal justice process is intimidating, even if you are not being charged with a crime. This is particularly true for witnesses and victims who were involved in a violent crime, or who may fear for their lives if they testify.
The only exception is for victims in domestic violence and sexual assault cases. While victims in these cases can be held in contempt of court, they cannot be sent to jail for refusing to testify. Generally, a witness will be found in contempt of court if they fail to appear in court after being subpoenaed or if they appear in court and then refuse to testify.
A subpoena is an order for a witness to appear, issued by a magistrate, judge, district attorney, attorney for the defendant, or investigator for the district attorney. A witness must be personally served with a subpoena — or be served by mail or messenger and acknowledge receipt of the subpoena.
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