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{{Dial-A-Law TOC|expanded = criminal}}
If you see someone commit a crime or you have information relevant for a court case, you may be called as a witness. Learn your rights and what to expect.
==What is Understand your role as a witness?legal rights==A witness helps our legal system by giving important information (called evidence) to a court. A witness “testifies” or tells the court what they know. Information from witnesses helps the court make the right decision. If you receive a document that says you have to be a witness in a trial, it’s because you have important information about a case. Either side in a court case can ask you to be a witness. If they do, you will receive a document called a "subpoena" or "summons to witness.” Read it carefully because it may require you to bring documents with you to court. It may be against the law to disobey this document.
==What if =Your role as a witness===A '''witness''' helps our legal system by giving important information (called '''evidence''') to a court. A witness '''testifies''', telling the court what the witness knows. Information from witnesses helps the court make the right decision. If you receive a document that says you have to be a witness in a trial, it’s because you have important information about a case. Either side in a court case can ask you to be a witness. If they do, you will receive a document called a '''subpoena''' or "'''summons to witness'''”. Read it carefully. It may require you to bring documents with you to court. ===If you can’t go to court when the trial takes place?===
On the subpoena or summons to witness is the name of the lawyer who is calling you to court. Phone the lawyer to find out why they want you as a witness and what documents you have to bring to court. Ask exactly when you have to go to court, and if necessary, try to arrange a better time.
If you are unable to personally attend in court and you have a valid reason for it, you may seek permission to give evidence by '''video'''. When you receive notice of the court date, you have to immediately speak with the lawyer who is calling you to court to make this arrangement. It is up to the judge hearing the case to decide whether to permit a witness to give evidence by video.
==What if =If you think you should not be a witness?===If you have a good reason not to be a witness, you can ask a judge to '''cancel the subpoena or summons'''. For example, if you have been called to small claims courtSmall Claims Court, a judge can cancel the summons if you are not really needed as a witness or if it would be a hardship to you to go to court. For other courts, you can call the court registry and explain that you want to ask a judge to cancel a subpoena.
If the subpoena or summons is not cancelled and you do not make other arrangements with the lawyer on when to give your testimony, then you must go to court. If you don't go, the lawyer can ask the judge to have you arrested and brought to court. A court can issue a “material “'''material witness” warrant ''' for your arrest.
===If you refuse to answer a question===Many people don’t want to be a witness because they are afraid to answer certain questions. They think, based on American TV shows, that they can refuse to answer by “pleading the fifth amendment”. That’s wrong. Witnesses have to testify, or (tell the court what they know, ) by answering questions from either side or the judge. If a witness refuses to answer a question, the judge can find them in '''contempt of court ''' and jail them. But That said, there are limits on how their the information, called evidence, provided by a witness can be used. Generally, it cannot be used against them the witness at a later hearing if they are charged with a crime.
You may want to get independent legal advice before going to court if you are worried about testifying about certain things.
==Who are Understand the people involved in court cases?process==A civil case usually involves the private interests—such as property or money claims—of a person or company. It could also be a family case involving guardianship, parenting time and support of children. The side making the claim, or suing, is the “claimant.” The side responding to the claim, or defending, is the “respondent” or "defendant.” The notice you receive to be a witness in a civil case will show the names of both sides: the plaintiff and the respondent or defendant.
==What do you do on the day of the trial?=Preparing for court===*Check the list of trials in the lobby of the courthouse to find your courtroom.*Wait outside the courtroom until you are called to go in. Do not discuss your evidence with other witnesses.*If you are Being a witness in a criminal trial, go to the Crown Counsel Office and tell them you are there. The subpoena will usually tell you to go to the Crown Counsel Office 30 minutes before the trial starts.*Be prepared to wait a while. A long wait can be inconvenient, but delays happen. You may want to ask a friend or relative to wait with you, or have a book or magazine to read.*Dress appropriately and treat everyone in the courtroom respectfullyinvolves some preparation.
*Think about each question before you answer. Wait until the end of the question before starting to answer.
*When Take your time so you can give a complete answer.*Do not guess. If you are not sure about an answer, speak to the judge, not just say so. It's okay to the person who asked the questionsay: "I don't know" or "I don't remember”.
*If you do not understand a question, ask the person to repeat or explain it.
*Do not speak at the same time as anyone else or interrupt the judge or lawyers.
*Speak clearly and loudly, so that people in court can hear you and write down what you say. The microphone in front of you usually only records your voice—it voice — it does not make it louder.*After you give your evidence and the court excuses you, you can leave. You can also stay in the court and listen to the case if you like. If you remain in the courtroom, be respectful and remain quiet.
==For Get help==*===With more information==='''[http://www.justiceeducation.ca/ Justice Education Society]'''—call 604offers tips and videos on appearing in court as a witness.660.9870 in Vancouver*''':Web: [https://justicewww.gov.bcjusticeeducation.ca/csolegal-help/indexcrime/victim-and-witnesses/witness-testimony justiceeducation.do Court Servicesca]'''
[updated October 2018]
'''The above was last edited reviewed for legal accuracy by John Blois[https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bc-prosecution-service/about/crown-counsel Andrew MacDonald], Crown Counsel.'''
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