A
‘document’ is anything that contains information relevant
to the action. It can be a note, memorandum, letter, business
card, contract, photograph, computer disk, etc. The list of what
constitutes a document is very wide. If you are in doubt, bring
the document to the attention of your lawyer anyway.
It is important to note that the term ‘all documents that
relate to the action’ is not restricted to documents that
you feel help your case. It includes everything that is relevant,
whether it is helpful or damaging.
There are certain sanctions that result when a party fails to
make full disclosure of all documents. The court may dismiss your
action, strike out your pleading, or revoke or suspend your right
to initiate or continue an examination for discovery.
There are other penalties for trying to use a document at trial
that was not previously disclosed to the other party in the Affidavit
of Documents. While a document is helpful to your case, the court
may not allow it to be used. If it is helpful to your opponent's
case, the court may order a new trial and order you to pay the
costs of the aborted trial.
Please provide your lawyer with all documents relating to your
action and a list of all documents that you once had but are no
longer in your possession. You need not worry if they are privileged
or not. That determination will be made by us.
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How to be a
Trial Witness
It is understandable to be nervous when asked to testify in court.
By learning more about the trial process, most people gain confidence
and become much better witnesses.
Where do I go?
If you are a party to the lawsuit, come to our office on court
day. Court usually begins at 10:00 a.m. Be sure to arrive no later
than 9:30 a.m.
If you are a non-party witness (i.e. not a direct litigant), you
may be excluded from the courtroom until you are called to testify.
Contact our office for the location of the courtroom and for the
approximate time that you will be called to testify. Because of
the nature of trials, we cannot always determine when you will
be called. Stay in touch with our office for timely information.
What to wear?
Men should wear a business suit or suitable casual attire (not
jeans or a tee shirt!). Women should also wear proper attire.
Do not wear bright colours or accessories. A court is a solemn
place and your attire should be appropriate for the occasion.
Remember to turn off all cellular phones and pagers before going
into the courtroom.
Do I have to swear an oath?
You must either swear on a religious book or, if you are not religious,
make a solemn affirmation to tell the truth.
What do I do if the judge asks a question?
Listen carefully to the question. Address the judge as 'Your Honour'.
How should I prepare for the testimony?
Read over any witness statement or chronology which you may have
made earlier in the proceeding. If you were examined for discovery
(a pre-trial examination where the opposing lawyer asks questions
of you under oath), read the transcript carefully before you are
called to testify at trial. The opposing lawyer may try to elicit
statements from you on cross-examination that will contradict
your previous testimony. We will, of course, meet with you to
prepare you to testify.
What tips do you have about how to make
the best impression on the judge?
Judges are human beings like the rest of us. They are influenced
by things such as the conviction of the speaker as well as clarity
and consistency of the testimony. The best advice is to be yourself
and answer directly and honestly.
Most cases involve disputed facts. The judge decides whose version
of the facts is more accurate. They do this by assessing each
witness's credibility - who is telling the truth and who is not.
If a judge decides that a witness has no credibility, then most
of that person's testimony will be discarded. On occasion, witnesses
will think that they are helping their case by giving clever answers
or half-truths instead of direct answers. Judges are very experienced
in spotting this sort of behaviour. Often they will say nothing
until the trial is over, but will surely take it into account
in rendering judgment.
