Being a witness
Being asked to be a witness in court can feel daunting. This guide explains what it means, how you may be called, what to expect before and during the hearing, what supports are available, and how expenses work.
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 provides evidence to help the judge make a decision. You may have seen, heard or know something relevant to the case, or you may be called as an expert. Witnesses are expected to attend court and answer questions truthfully.
Who can be a witness
In general, anyone can be a witness. You are considered competent if you can give a clear account of what happened. There are some specific situations:
- Children: A judge must be satisfied the child can give an intelligible account. Children under 14 do not take an oath but must still tell the truth.
- People with disabilities: The court can take evidence if the person can give an intelligible account, even without an oath.
- Exceptions: The accused in a criminal trial cannot be forced to give evidence. Spouses, former spouses, and co-accused have special rules. Diplomatic staff are also exempt.
How you may be called as a witness
You may be contacted by a solicitor or barrister to provide a written statement before the case. You may then receive a witness summons or subpoena requiring you to attend court. This will set out:
- The case name
- The court and courtroom
- The date and time
If you receive a summons, you must attend. If you do not, the court may take action against you. Sometimes you may be asked to bring specific documents (this is called a subpoena duces tecum).
Before you go to court
- Read your summons carefully – it will tell you when and where to attend.
- Bring photo ID and any documents listed.
- Plan your journey in advance. See Preparing for court.
- If you need adjustments, such as a separate waiting area, interpreter or assistive hearing technology, contact the court office. See Accessibility at court.
- If you need to take time off work, speak to your employer. You may be entitled to claim witness expenses (see below).
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 will then be asked questions:
- Examination in chief: Questions from the lawyer who called you.
- Cross-examination: Questions from the lawyer for the other side.
- Re-examination: Clarifying questions from the first lawyer.
The judge may also ask you questions at any time. If you do not understand a question, ask for it to be repeated. It is fine to say “I don’t 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
- Once finished, you may be told you are excused, or asked to stay nearby in case you are needed again.
- Sometimes you may have to return on another date if the case is adjourned.
- If you feel upset afterwards, tell a court staff member or contact a support service.
Witness expenses
You may be entitled to claim expenses if you are called as a witness. Keep receipts for travel, meals or loss of earnings.
- Criminal cases: If you are a prosecution witness, tell the Garda investigating the case. If you are a defence witness, tell the solicitor who called you.
- Civil cases: Out-of-pocket expenses are usually claimed through the solicitor who summonsed you. Normally, the losing side pays witness costs.
- Expert witnesses: Experts (such as doctors) are paid a set fee for their evidence and reports.
Support and help
Witnessing and recounting events can be stressful. Supports are available:
