Flashcards in Practical Matters Deck (6)
What should be done when preparing witness for court?
-Advise them of time/date/place of trial and exhibits to be presented
-Ask whether they have given evidence before and if not advise them of the procedure
-Advise the witness that they can refresh their memory from a written statement but cannot read other documents
-Ensure witnesses remain within call if they are excluded from the courtroom
-Check jury list to make sure none of the jurors are known to the witnesses
-Warn witness not to speak or mix with the jurors
-Advise the witness about witness expenses
What should the OC Case do generally
Ensure that you look, stand and speak professionally
-Identify the defendant
-Locate and help witness as required
-Do not mix or gossip with jurors or members of defence
What should OC Case do giving evidence
-Take care that you answer question being asked
-Say you don't know rather then guess
-Do not be flippant
-Address the judge as your honor or sir/ma'am
-Address the prosecutor and defence as sir/Ma'am
-Advise the judge of any mistakes made as soon as possible, or advise the prosecutor, if you have finished giving evidence
When referring to your notebook while giving evidence what must you do?
-Ask for the courts permission
-Introduce the material correctly
-Remember that the defence and the jury are entitled to view your notes so seal off other entries
-Only use to refresh your memory unless you have permission to read the notes of the interview
How do you introduce a notebook statement to the court?
Give evidence on any prior discussions or oral admissions but only give passing reference to irrelevant material.