Witness

A few months ago, I received a subpoena to testify in court. I have to admit, it worried me to see a bailiff at my door, handing me an official document! It was the first time something like that had happened to me. Was I being accused of something? When I read the document for the first time, I didn’t understand a thing it said! I managed to calm down a bit and I read it a second time. I was being asked to go to court to declare what I knew and to bring along documents listed in the subpoena.

The subpoena, which is officially called an “appearance notice” (or “citation à comparaître” in French), specified that I had to present myself at the court the following Tuesday at 9:00 a.m. I realized I would have to miss work that day and was worried about what my boss would say. As it turned out, he was not really happy to hear about it, but he had no choice in the matter because I had an obligation to go. He is not allowed to impose any sort of sanction, but neither is he obliged to pay me my salary for the hours I miss. If I were unionized, the payment of my salary might have been provided for in the collective agreement – unfortunately, that’s just not the case for me. In any event, I had the right to certain indemnities that covered a part of my costs, like my transportation to the courthouse.

A few days before my testimony, I figured that it would be better if I prepared myself a little. After all, the facts I was supposed to recount happened more than two years ago! I did my best to refresh my memory by thinking back and trying hard to remember conversations and dates.

The big day finally arrived! I was afraid of being late, so I arrived at the courthouse several minutes before I was supposed to. At the reception, I was told that the courtroom had been changed. Good thing I checked! When I arrived at the room where the trial would be held, the lawyer who had summoned me as a witness came to meet me. After introducing himself and shaking my hand, he took the time to give me the following tips:

• When answering the lawyers’ questions, look at the judge;
  
  
• Address the judge as “Your Honour”;
  
  
• Make sure you fully understand the question before answering;
  
  
• Answer only the question asked;
  
  
• Speak loudly to ensure that everyone will hear you;
  
  
• Do not respond to questions with gestures;
  
  
• Remain calm and courteous throughout the questioning;
  
  
• ALWAYS TELL THE TRUTH.

When the trial started, the judge asked me to leave the courtroom until it was my turn to testify so that my testimony would not be influenced by that of the witnesses going before me. I spent two hours waiting in the hallway…I was eager for it to be over with!

Finally, it was my turn. They asked me to step into the witness “box.” The court clerk asked me to state my full name, age and address, and to take an oath. I was then questioned by the lawyer who had summoned me. After that, it was the other lawyer’s turn to ask me questions. This was a little more difficult because he kept trying to find inconsistencies in my testimony, and seemed to be implying that I was not certain of the facts that I was recounting. He also asked me some annoying and embarrassing questions that I would rather not have answered. But I was told that a refusal to answer questions would make me guilty of contempt of court, which could lead to a fine or jail time. Three hours later, everything was finally over! I felt drained, but proud of myself. I had fulfilled my duty as a good citizen.

While my experience may have been stressful, it definitely taught me a lot. I finally got an in-depth look at how our justice system works. I also realized how important my role as a witness was. It just so happens that the judge recently rendered his decision in this case and my testimony influenced the judgment. I am confident that I helped ensure that justice was done!