How to Present Your Evidence in a Trial

If you are going to trial without a lawyer, you will still need to support your claim and give your evidence. Do you ask yourself questions? Do you go to the witness box or speak from the counsel table? Here are a few suggestions to help you give your evidence at trial.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Pen and paper
• Supporting documents

1. Remember that the judge will ask you if you want to give evidence on behalf of your claim and of course, you will say yes. So, take all your evidence-–your documents that you have organized in a binder or folder-–and go to the witness stand.
2. Be aware that you will be asked if you want to swear an oath (oath before God) or be affirmed (give your word). You choose and the clerk will swear you in accordingly.
3. Sit in the witness box, open your evidence and begin talking. Speak into the microphone and be as clear as possible because you are being recorded.
4. Tell your story in chronological order. Do not jump ahead or speak randomly. Be organized.
5. Bring a sheet that has chronological points for you to refer to, just so you don’t forget one. But you will need to tell your story as you recall it. It is preferred you don't read your story from a prepared script.
6. Refer the judge to a specific document after each new point that you make, if you have evidence to support it. You will have already filed identical documents in the same manner with the court-–and then tell the judge that you would like to submit your copy of this document or picture or whatever you have, as evidence. It will be marked as an exhibit and will become evidence that the judge considers when they make their decision.
7. Do not chew gum or candies while you’re in the witness box.
8. Do not try to submit "new" evidence when you're in the witness box as the other party will object because they haven't had the opportunity to review it.

Tips & Warnings

• At trial, the order of evidence is: the plaintiff will give their evidence first, followed by their witnesses and the Defendant will give their evidence after that. Regardless of which party you represent, you will have the same opportunity to present your case before the Court.
• Even though you filed a copy of every piece of evidence with the court when you filed your claim, that copy became part of the court record and cannot be removed to be used as evidence in your trial. You need to bring another copy of everything into the trial to be submitted as evidence.