Being a Witness on an Adjudication

The following are some points to keep in mind when being a witness on an adjudication:

• Your evidence will be given in a conference room rather than in a courtroom. There will be no judge present, only an adjudicator and the lawyers for each side. Your evidence will be given under oath and everything said in evidence will be taken down by the adjudicator. He or she will be taking handwritten notes of your evidence so it is essential to speak slowly and clearly.
• Tell the truth. This means do not lie, exaggerate, embelish or overstate the facts.
• Do not guess/speculate
• Listen to the entire question being asked by opposing counsel before answering. Do not interupt the questioner and do not anticipate the question.
• Do not try to guess where the questioning is leading: simply answer what is put to you.
• Speak slowly and express yourself in your own words. Do not rush.
• Ensure that you understand the question. If in doubt, ask that it be repeated or seek clarification.
• Beware of leading questions. You are not obliged to agree with information presented by opposing counsel.
• Do not play lawyer; do not try to outmaneuver the lawyer with non-responsive answers or try to second guess the reason for the question. This will only distract you from concentrating on the question and your answer. It will also diminish your credibility.
• Do not argue with counsel. If you do not agree with what is said, simply say so.
• Do not let an aggressive or hostile manner of questioning anger you. This may be a tactic to upset you in hopes of getting an impulsive answer.
• If you do not know or remember the events, indicate that is the case. Do not guess.
• Do not engage in a "conversation" with the questioning lawyer when giving evidence, even if the examination seems friendly and informal. Some lawyers use this as a tactic to get you to speak more freely. Remember the purpose for which you are there.
• Avoid using or agreeing with absolutes (i.e. "always", "never")
• Avoid making accusations against or judgements about the other parties to the adjudication. Let the evidence speak for itself.
• Answer the question but nothing more. Do not volunteer additional information, especially if the opposnig counsel uses the tactic of allowing a long silence before asking the next question. Do not feel obliged to fill the silence between your answer and the next question.
• If you can answer the question with a "yes" or "no," do so.
• If your answer is based on information obtained from others, say so and identify the source of the information.
• If your lawyer intervenes during your examination, stop speaking even if you know the answer to the question.
• If you realize you have made a mistake in your evidence, tell your lawyer during the break or as soon as practicable so that your answer can be corrected.