It is always a good idea to prepare yourself mentally, whether you are summoned to appear in court as a witness or as a main party to the trial. Make an effort to recall all of the facts upon which you may be examined. Arrange them in chronological order and locate any documents that may support your statements. Clear, simple, detailed testimony is always appreciated.

When you are a party to the trial (which means that it is your own case) and you are not represented by a lawyer, your preparation is essential. Preparing well will allow you to be better undestood by the judge and give you a better chance to win your case.

If a bailiff comes to your door to serve you a suboena (an order to appear in court), this means that you must appear as a witness in a case to testify about what you know, to produce a document or both. You should be summoned at least ten days before the hearing. In urgent cases, you may be summoned just twenty-four hours before the hearing. Be sure to verify if a judge or a court clerk authorized the document to be sent.

The bailiff must also compensate you for any travel expenses related to showing up at the courthouse. You are entitled to reimbursement for actual travel expenses according to the most economical means of transportation (bus, train, plane, automobile, etc.). Forget about making money on travel expenses! If it is most economical for you to take a bus to the courthouse, the bailiff may simply give you the cost of a bus ticket!

You must appear in court if you have been summoned by subpoena the required notice and have been advanced travel expenses. You may be sanctioned if you defy a court order. For example, if the judge considers that your testimony is useful, he can issue a warrant for your arrest under which you will be brought to court by a bailiff and detained until you have testified. The judge may also order you to pay any costs incurred as a result of your failure to appear.

But you are not obliged to appear in court if the time limit was not respected and no travel expenses were advanced. It is up to the person who is summoning you to ensure that all formalities have been respected. Any questions you may have concerning the subpoena you received can be addressed to the person who sent it or the civil clerk at your local courthouse.

The dress code is less strict for you than for lawyers. When pleading in court, male lawyers usually wear a black robe with a white collar and a dark suit, while women lawyers wear a black robe with a white collar and conservative attire. But, in some judicial districts, lawyers may not have to wear a robe for certain types of proceedings or at certain times of the year. (After all, it can be hot in July!)

As for you, the rule is that everyone should be appropriately dressed when appearing in court. We recommend that you avoid clothes that are brightly coloured, sexy, or too casual (such as baseball caps, jeans or running shoes). Make sure you look clean and neat (avoid strong perfume or cologne).

Obviously, you don’t need to dress up like a banker! You should exercise good judgment and respect your own clothing style whenever possible. But conservative attire is always appropriate. The image you project influences your credibility, whether you like it or not.

The legal proceedings include a document called “Notice of Presentation”. This document indicates the date, time, and the number of the room at the courthouse where you are to appear. The same information is also written on the subpoena.

Ask the civil clerk at the courthouse if you lose these documents or if you have difficulty finding the room indicated. The clerk employees can also direct you to the right area. You can then sit outside the room where the hearing will take place and wait till you are called.

You can also find the address of the courthouse where you are to appear on the website of the Ministère de la Justice.

Many people only know of one courtroom – the one they see on television and, in particular, in American films. You may be disturbed to find out that real courtrooms are completely different! We recommend that you take a tour of the courthouse before your hearing in order to familiarize yourself with it if you are really nervous about appearing in court.

The fact that you are summoned for nine a.m. on the day of your hearing does not mean that it will automatically start at that time. You should be aware that many people are summoned at the same time for the roll call, whether they are witnesses or main parties.

It is at roll call, which is in many ways a review of the day’s schedule, that you will find out in which courtroom and in front of which judge your case will be heard as well as the number of cases that will be heard before yours. It is possible that you will spend your entire day at the courthouse – you should leave your schedule open just in case!

Note that judges in some Quebec courthouses have set up a system of “divorce by appointment”. In these areas, it is now possible to set the exact time of family law hearings. This reduces the amount of time people have to wait at court.

It depends on the type of case. In general, hearings are public. However, since hearings on family and youth protection matters deal with intimate, personal issues, they usually happen "in camera." In camera just means that the public is not allowed in the hearing room. Only lawyers and articling students (lawyers-in-training) may attend the hearings.

In general, photography, film and radio or television broadcasting are not allowed at the hearing.

First of all, it is important to point out a difference between a hearing on a family or a youth protection matter, and a hearing on a civil matter.

If the hearing concerns a family or a youth protection matter, you must enter the room only when called. Otherwise, you can enter the room and wait for your turn, while the judge is hearing other people.

When it’s your turn, if you are the main party in the trial, you will be asked to sit in a designated area near the judge’s bench. The plaintiff is usually seated on one side of the judge’s bench and the defendant is seated on the opposite side.

When the judge arrives in the room, the court usher will say in a loud voice: “Silence; all rise please; the court is now in session, the Honourable Mr. Justice…(name of the judge)…presiding.” The court usher will ask the audience to be seated once the judge is seated.

The lawyers for both parties, if they are represented by lawyers, must then identify themselves and briefly explain their cases. The plaintiff’s lawyer (the plaintiff is the person who is suing the other party) will question her witnesses first.

After all of the plaintiff’s witnesses have testified, the defence lawyer will question his witnesses. The evidence is closed once all the testimony has been heard. Both lawyers will then plead their case and present their demands to the judge.

If you are not represented by a lawyer, you must identify yourself and briefly explain your case. You must also present your witnesses and conduct your own pleading. As you will probably testify, you should make sure not to mix up your testimony (when you will state all relevant facts) and your pleading (when you must summarise your evidence, present the applicable law, and argue that your position is well-grounded).

The court usher will ask the audience to stand when the hearing is over, but no one should leave their seat until the judge leaves.

When you’re in court, you must stand every time you want to talk to the judge. You may not talk to the judge if you are seated. But, the judge may excuse you from this rule if you have a disability or a temporary incapacity which prevents you from standing up.

You can address the judge as “Mister Justice” or “Madam Justice”.

“My Lord” and “My Lady” are not used as much any more. “Your Honor”, an American term, is not used in Quebec, and neither is “Mister President” which is used in France. In the past, people overcome with nerves have addressed judges as “Your Highness” or “Your Holiness”! Needless to say, this caused more than a few laughs in the courtroom.

Lastly, we recommend that you speak loudly and clearly in order to be heard and, most of all, avoid chewing gum!

Both the lawyers and the judge can ask you precise questions when you’re called to testify. You should always tell the truth, to the best of your ability. You are there to establish the truth.

It is a good idea to respect certain rules throughout the examination. For example, you should:

• look directly at the judge and not at the lawyer questioning you (it is not the lawyer but the judge that you must convince);
  
• ask for a question to be repeated if you don’t fully understand it;
  
• take as much time as you need to respond;
  
• only testify to facts that you know (avoid speculating or trying to guess at facts you don’t know);
  
• only answer questions that have been asked (avoid recounting facts where no question was asked or unnecessarily elaborating on your answers);
  
• specify when you don’t know the answer or when you are uncertain;
  
• wait for the judge’s decision before saying anything if a lawyer objects to a question;
  
• remain polite, calm, and respectful at all times;
  
• avoid confronting or arguing with the opposing party’s lawyer.

Following the lawyers’ closing arguments, the judge may decide to render his decision immediately (this is called a decision from the bench). Or, the judge may take the case under advisement and then render his decision in writing at a later date. This may give him the time he needs to think about the case or clarify any legal issues if this is necessary.

The time required to obtain a judgment will usually depend on the judicial district and on individual judges; therefore, ask your lawyer or the courthouse clerk as to how long you can expect to wait before receiving the decision.