How to Prepare Yourself as a Witness for Trial: What You Need to Know

 Authored by Kevin Wu

Being called as a witness in court can feel intimidating, especially if you have never stepped into a courtroom before. Many witnesses worry about saying the wrong thing, being “trapped” by lawyers, or not understanding what is happening around them. In reality, most of this anxiety comes from not knowing what to expect.

This article explains, in plain language, what it means to be a witness in a civil trial in Malaysia, how the process works, and how you should prepare yourself so that you can give your evidence calmly and confidently.

What Is the Role of a Witness?

A witness is not there to argue the case, persuade the judge, or “win” for one side. Your role is much simpler and more important: to tell the court what you know, truthfully and accurately, within the limits of your knowledge.

Your sole purpose as a witness is to provide evidence of facts that are within your knowledge.

You are not expected to know the law. You are not expected to guess. You are not expected to have an answer to every question. Judges understand that witnesses are human, and they value honesty far more than confidence or eloquence.

Your Witness Statement Is Your Evidence

Before trial, you will usually be asked to prepare a written witness statement. This document sets out what you know about the case and, in some situations, your professional opinion if you are giving evidence in a professional capacity.

When you come to court, you will not normally be asked to repeat this statement out loud. Instead, once the statement is admitted, it is treated as if you have already said everything in it in court.

This is why it is essential that you read your witness statement carefully before trial. You do not need to memorise it word-for-word, but you should be familiar with its contents and be comfortable that everything stated is true to the best of your knowledge.

What Happens When You Are Called to the Witness Stand?

When your name is called, you will be asked to step forward and identify yourself. You will usually need to show your NRIC to confirm your identity.

The court will then ask whether you are willing to admit your witness statement as your evidence. Once you confirm and sign the copies provided, this stage is completed. This part of the process is called the examination-in-chief, and it is usually straightforward and brief.

From that point onwards, the court treats your written statement as your testimony.

Understanding Cross-Examination

After your witness statement is admitted, the opposing lawyer will have the opportunity to question you. This is known as cross-examination.

Cross-examination may feel uncomfortable because the questions are often direct, pointed, and sometimes repetitive. Lawyers may suggest answers to you or put statements to you and ask whether you agree or disagree. This is normal and part of the process.

It is important to remember a few key principles:

You are only required to answer the question that is asked. Do not volunteer extra information unless it is necessary to answer the question truthfully.

If you do not know the answer, do not remember, or are unsure, it is perfectly acceptable to say so. Saying “I don’t know” or “I don’t remember” is not a weakness; it is often the most honest answer.

If a question is unclear, confusing, or asked too quickly, you may ask the lawyer to repeat or rephrase it. You are entitled to understand the question before answering.

If a question goes beyond your knowledge or expertise, you should say so. You are not expected to speculate or make assumptions.

Judges are very experienced in observing witnesses. They are generally more concerned with whether you are truthful, rather than whether your answers favour one side or the other.

Staying Calm and Focused

Many witnesses feel pressure to “help” the party who called them by explaining too much or trying to justify events. This often backfires.

Your task is not to defend yourself or anyone else. It is to answer truthfully, calmly, and within your knowledge. Take your time before answering. There is no need to rush.

If you feel nervous, that is entirely normal. The court understands this. 

If you require a break, the Judge is typically accommodating to such requests.

What matters is that you remain respectful, attentive, and honest.

Re-Examination: Clarifying Your Evidence

After the opposing lawyer has finished questioning you, the lawyer who called you may ask further questions. This is called re-examination.

Re-examination is usually short and is meant to clarify issues that arose during cross-examination. You should answer these questions in the same calm and careful manner.

Once this is completed, the court will release you as a witness, and your role in the trial is finished.

Common Misconceptions About Being a Witness

Many witnesses worry that making a mistake will get them into trouble. This is rarely the case. Honest mistakes or lapses in memory are part of being human and are generally understood by the court.

What causes problems is exaggeration, guessing, or trying to say what you think the court or lawyers want to hear. The safest approach is always to tell the truth as you know it, no more and no less.

Final Thoughts

Being a witness is a responsibility, but it does not need to be a frightening experience. With proper preparation and a clear understanding of the process, most witnesses find that the experience is far less daunting than they expected.

If you have been called as a witness, take the time to understand your role, read your witness statement carefully, and remember that honesty and clarity are your best guides.