Receiving a
subpoena to attend court as a witness can be
nerve-wracking, particularly if all you know about giving evidence
– also known as 'testifying' – is from
courtroom dramas where a lawyer eviscerates a hapless person on the
stand while onlookers pass judgment.
But while giving evidence may seem daunting, understanding a
little about the process and what may be required of you can make
the experience a lot easier to deal with.
So, here's a basic outline of the system as well as a few
tips for attending as a witness.
Understanding
The Adversarial System
In Australia,
Local Court defended hearings as well as
District and Supreme Court jury and judge-alone trials for
criminal cases are run under adversarial model, where two opposing
parties "battle it out" in court.