Being asked to be a witness in court can feel worrying, especially if you have never been to court before. This guide explains what being a witness means, how you may be asked to attend, what happens on the day, what support is available, and how claiming expenses works.
Contents
- What it means to be a witness
- Who can be a witness
- How you may be called as a witness
- Before you go to court
- Giving your evidence in court
- After giving evidence
- Witness expenses
- Support and help
What it means to be a witness
A witness is someone who gives evidence to help the judge decide a case. You may be a witness because you saw, heard, or know something relevant, or because you have specialist knowledge and are giving expert evidence.
Witnesses are expected to attend court if required and to answer questions honestly. Being a witness does not mean you are in trouble or accused of anything.
Who can be a witness
In most cases, anyone can be a witness if they can give a clear account of what happened. Some situations have special rules:
- Children: A judge must be satisfied the child can understand questions and give a clear account. Children under 14 do not take an oath but must still tell the truth.
- People with disabilities: A person may give evidence if they can communicate their account, even if they cannot take an oath.
- Exceptions: An accused person in a criminal case cannot be forced to give evidence. There are also specific rules for spouses, former spouses, co-accused, and diplomatic staff.
How you may be called as a witness
You may first be contacted by a solicitor or barrister and asked to provide a written statement. If the case goes ahead, you may then receive a witness summons (sometimes called a subpoena) requiring you to attend court.
The summons will tell you:
- The name of the case
- The court and courtroom
- The date and time you must attend
If you receive a summons, you must attend court. If you do not attend without a valid reason, the court may take action. Sometimes you may also be required to bring documents with you.
Before you go to court
- Read your summons carefully so you know when and where to attend.
- Bring photo ID and any documents listed on the summons.
- Plan your journey in advance. See Preparing for court.
- If you need adjustments, such as an interpreter, assistive hearing technology, or a separate waiting area, contact the court office in advance. See Accessibility at court.
- If you need to take time off work, tell your employer. You may be able to claim witness expenses.
Giving your evidence in court
When it is your turn, you will be called to the witness box. You will swear an oath or make an affirmation to tell the truth.
You may be asked questions in stages:
- Examination: Questions from the lawyer who called you.
- Cross-examination: Questions from the lawyer for the other side.
- Further questions: Additional questions to clarify your evidence.
The judge may also ask you questions. If you do not understand a question, ask for it to be repeated or explained. It is acceptable to say that you do not remember.
In some cases, evidence can be given by video link, behind a screen, or with a support person present. This is more common for children and vulnerable witnesses.
After giving evidence
- You will usually be told when you are free to leave.
- You may be asked to remain available in case you are needed again.
- If the case is adjourned, you may be asked to return on another date.
- If you feel distressed afterwards, speak to court staff or a support service.
Witness expenses
You may be able to claim reasonable expenses for attending court. This can include travel costs, meals, and loss of earnings.
- Criminal cases: Prosecution witnesses should contact the Gardaí involved in the case. Defence witnesses should contact the solicitor who called them.
- Civil cases: Expenses are usually claimed through the solicitor who summonsed you. In most cases, the losing party pays witness costs.
- Expert witnesses: Experts are normally paid an agreed fee for reports and court attendance.
Support and help
Giving evidence can be stressful. Support is available before, during, and after court.
- Legal advice and representation
- Domestic violence and abuse support
- Family and parenting supports
- Advocacy and accessibility supports
- A.S.S.C – Accompaniment Support Services for Children (external site)
- Victim Support at Court (external site)
- Victim Assistance (external site)
- Citizens Information (external site)
