Top 10 tips for giving evidence
As a physiotherapist, you might be called upon to provide professional evidence in court. Here are some things to bear in mind.
Appearing in court can be daunting. Your duty in a court appearance is to provide honest, factual evidence of a matter from the point of view of your profession.
Our top 10 tips for giving evidence in court are:
1. Your primary duty is to the court. Your role is to provide expert evidence to assist the court to decide.
2. Your role is not to act as an advocate for either party or to help a party win or lose. Your role is to provide your opinion as an expert in your field.
3. Listen carefully to the question and answer the question. You should not give context or explain things unless asked to do so.
4. If you do not know the answer, cannot recall an alleged fact or do not understand the question, it is appropriate to say so.
5. If you do not agree with the questions or comments of counsel, ensure that you state your disagreement respectfully and not defensively. Similarly, if you do agree with the questions or comments of counsel, it is appropriate to say so.
6. The judge may ask you questions. When responding you should refer to the judge as ‘Your Honour’ unless specified otherwise.
7. Take your time in considering and answering questions because your evidence as an expert is important.
Take your notes with you to court. Do not refer to them without asking the judge for permission to do so. It is reasonable to ask to refer to your notes before answering to ensure your answer is as accurate as possible.
9. Do not enter the courtroom until you are called by the court.
10. You are not obliged to talk to anyone outside court but lawyers may attempt to talk to you before giving evidence.
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