Witness Examination Competition
Witness Guide
First of all, thanks for volunteering your time to be a Witness! Most likely you’ve been
roped in by a pleading relative/friend/significant other/stranger, but your compliance
means that this competition can actually go ahead. Here are some answers to our
most frequently asked questions:
1. What is in this packet?
This packet contains your witness statement, which you would have received by
5pm the day before the round is to commence in the preliminary rounds, or 60
minutes prior to the commencement of the round in the final rounds. You can only
read your statement. You do not need to memorise the statement verbatim, but
you should be able to have a basic understanding of the story – you are more
than welcome to bring the script in and keep it with you during the trial. You must
not consult with your lawyer until 30 minutes before the trial – even if, and
especially if, they are a friend/ family member. This will result in an instant
disqualification of your lawyer.
2. So I just learn the statement?
Yes and no. You can spend as much time reading the statement, as you need to
learn it. Thirty minutes before the trial begins, you will be need to meet with your
lawyer (i.e. the competitor for whom you are the witness). During this time you
can ask your lawyer any questions that you may have about your statement, and
your lawyer will give you more information about what will happen in court.
Be sure that your lawyer doesn’t act unethically by ‘coaching’ you (i.e. making
you script your answers, very specifically telling you how to answer a certain
question, any other behaviour that doesn’t seem quite right). If this happens you
do need to report it to the Competitions Advocacy Officer ASAP.
3. What happens next?
When the round starts, you wait inside the courtroom next to your lawyer. Once
opening statements are made, you will be called onto the stand if you are the
witness for the prosecution/ plaintiff. If you are the witness for the other side, you
will have to wait until your lawyer has made their opening statement which comes
later. Oaths are dispensed with in Witness Examination and so once you are
called up you will be questioned on your statement. To reiterate, after the
competitors have given their opening statements, they will call the witnesses –
again, you may be either the first or second witness called up, depending on the
party you are representing.
The first stage that you will experience is the Examination in Chief, which is
where your lawyer asks you all the questions that make up your script.
Occasionally you may be interrupted by the opposing counsel making an
objection. When this happens, stop what you are saying (even if you are in
midsentence) and wait for the competitors to sort out their legal gripes. You’ll
know when to start talking again when the lawyer asks you a question.
Immediately following examination in chief is Cross Examination, where the
lawyer for the other side asks you a number of [generally] hard hitting questions.
Their aim is to challenge your credibility, but don’t be worried if you give an
answer that you think completely ruins your case – you’re not the lawyer here!
4. What if they ask a question and the answer isn’t in the script?
For questions where the answer is trivial, you are free to fill in the blanks. For
example, if your character has children and the lawyer asks for their names
(where their names are not mentioned anywhere in the script), you can make up
the names as you please. Make sure you recognise the difference between
making up trivial information and making up information that completely alters the
case. For example, if your character was a burglar who injured a bodyguard, you
should not tell the court that you attacked the guard in self defence when the
script does not mention this at any point. You are required to give flavour to the
case by providing information consistent with your statement. For example, if you
are a bartender, it is reasonable to say that you have an RSA (responsible
service of alcohol certificate), that you are experienced, that you know the laws
with regards to the service of alcohol etc.
Simple Rule: Make up facts so long as they are consistent with your statement.
5. Anything else?
That’s it! You are welcome to leave once your Examination in Chief and Cross
Examination is complete.