NEW: How Should I Behave as a Witness in Court?

Called as a witness in an Irish court? Learn how to dress, act and avoid the simple mistakes that can annoy a judge and damage your case.

Why Does My Behaviour Matter?

Judges don’t just listen to what you say. They also notice how you act. So, how should you behave as a witness in court?

If you come across as casual, distracted or disrespectful, it can colour how your evidence is received. Court is a formal setting. How you present yourself really matters.

"We cannot listen to the witness and you

at the same time.

So, unless spoken to by your lawyer,

keep quiet.

That may seem rude

but it’s in your best interests"

What Should I Wear?

Unless told otherwise by your solicitor, dress formally. Think of it as showing respect for the court. A clean shirt, tidy clothes, smart shoes.

You don’t need to look expensive, just presentable.

This is a judge’s place of work, not a café.

You should dress accordingly.

How Should I Act in Court?

• Be on time. If you’re late, it can disrupt the whole day’s list.

• Be quiet. Don’t whisper, laugh, sigh or groan while others are giving evidence.

• Put your phone away. Silent, switched off, out of sight. A buzzing phone during evidence is a quick way to irritate a judge or be held in contempt of court.

• Stand when the judge enters or leaves. You don’t need to bow, that’s for solicitors and barristers, but standing shows respect.

• Stay calm. If you’re asked to wait outside, do so patiently. Don’t get restless or dramatic.

Can I Interrupt My Own Lawyer?

No. Don’t butt in while your solicitor is speaking to the judge or questioning another witness. If you need to pass on a detail, write it on a note.

Remember, they are building the case step by step.

Jumping in can knock the sequence off track.

Also, what you think is relevant is frequently not.

And visually, you end up being the centre of attention, for all the wrong reasons.

Cases are won based largely on evidence and your solicitor's job is to ‘engage with the evidence’, to listen carefully to what is being said.

This is to ensure that any legal safeguards have not been overlooked.

Our job is to win and if you insist on interrupting while we try to clarify what evidence is being given you’re helping to destroy your case.

We cannot listen to the witness and you at the same time.

So, unless spoken to by your lawyer, keep quiet.

That may seem rude but it’s in your best interests.

The Key Principle

As a witness, your behaviour is part of your evidence.

Judges expect respect for the process. The best way to show that respect is simple:

• Arrive on time.

• Look presentable.

• Stay silent until you’re called.

• Speak only when asked.

• Stay off your phone.

"Our job is to win and if you insist on

interrupting while we try to clarify what evidence

is being given,

you’re helping to destroy your own case"

What Factors Influence a Judge’s Decision The Most.

Courts are not like anyplace you’re familiar with.

Sounds obvious.

They’re not like television either.

They have their own unique accepted practices.

Silence, while a trial is going on, is one of them.

This is because judges need to hear what witnesses are saying in the witness box.

This is hard to do if you’re constantly interrupting your lawyer.

It’s distracting.

If you distract a judge by talking to someone beside you, they’ll remember that when it comes to your case.

How Do Judges Make Decisions?

Decisions by judges are often based on the law.

In theory that’s how that goes.

In theory...

But decisions are also based on their view of ‘fairness’.

Some judges will not allow the law to intervene in such a way that causes an unfairness to you.

So while judge’s are trying to determine what is fair, the last thing they need to see -because they see everything- is you jumping up and down like a ‘jack in the box’ prodding your solicitor in the back with ‘helpful’ commentary.

"If you distract a judge by talking

to someone beside you,

they’ll remember that when it comes to your case"

Think about it: imagine you were a judge trying to make a decision on a case and one the witnesses kept whispering feverishly at their lawyer.

What would you think of such a person?

You'd probably think they were a little 'unhinged'.

And their evidence?

Oh dear...

So keep quiet and like your mother used to say years ago, ‘speak only when spoken to’.