QUICK TAKEAWAY
Presenting Evidence: When a trial starts, self-represented litigants (SRL) and lawyers are responsible for presenting evidence to the court that supports their arguments. Oral evidence consists of their testimony and that of other witnesses who may have seen or heard something related to the case. Real evidence includes documents, photos and written records aimed at bolstering the defendant’s credibility, which may be attacked during cross-examination.
Table of Contents:
What Are the Main Types of Evidence?
Oral evidence is the testimony given in court by witnesses or the accused. It may be direct evidence (“I saw the accused rob the store clerk”) or circumstantial evidence (“I saw the accused running from the store that had just been robbed.”)
Real evidence is any physical object or document that provides information. It can include electronic records, emails or photos as well as weapons, clothing or blood.
What is Relevant Evidence?
Evidence is any information or material that supports an assertion or conclusion. During a trial, both the Crown and the defendant have the opportunity to present evidence in support of their case. However, if the Crown believes that any evidence that the defendant introduces is not relevant, they can request that the judge exclude it. Similarly, the defendant can object to any evidence presented by the Crown by standing up and explaining their objections to the judge. Hearsay or second-hand evidence is generally not admissible in court, but there are some exceptions. If you are considering introducing HearsayOut-of-court statements that can’t be proven evidence in your defence, it is advisable to seek legal advice beforehand.
What is an Exhibit?
As the defendant in a criminal trial, you may wish to enter certain items as exhibits in order to support your case. These items are referred to as exhibits and are given a number for easy reference. In order to enter something as an exhibit, you must either have the agreement of the Crown or have a witness identify it and confirm that they are able to recognize what it is. If the exhibit is a written document or an object that supports your case, you must also be able to demonstrate that it is accurate and authentic. This may involve providing evidence of its provenance or authenticity.
How Do I Call Witnesses?
As the defendant, you have the right to call witnesses to give evidence in your defence. Witnesses can provide information that supports your position or undermines the Crown's case. Witnesses typically give testimony about what they saw or heard. It is important to remember that you cannot tell witnesses what to say, except to encourage them to be truthful. Any witness that you call may be cross-examined by the Crown, so make sure they are aware of this in advance.
If you need to subpoena witnesses to come to court, the clerks office can assist you with this process. You should also remind your witnesses to bring any documents related to your case that support your position. When questioning witnesses, be careful about how you word your questions. You are not allowed to ask leading questions that suggest the answer you want.
What is Cross-Examination?
You can cross-examine any of the Crown’s witnesses if you think it will help your case. Reasons for doing that include if they did not mention a fact you think would be helpful to your defence or if you believe they made a mistake in their testimony. Cross-examination can also be used to erode the credibility of witnesses. Unlike when you question your own witness, leading questions are allowed in cross-examinations, such as: “You were impaired on the night you claim you saw me, weren’t you?”
How Do I Dress and Act in Court?
It is important to present yourself professionally and be well-groomed when appearing in court to show respect for the judicial process. The appropriate way to address judges (usually "your Honour") may vary depending on the level of court and the province you are in. You can check with the court clerk for guidance or simply use "sir" or "madam" when necessary. Always maintain a respectful tone in court and avoid insulting anyone. Rolling your eyes or being sarcastic will not help your case. Be polite at all times, regardless of your feelings about what is being said.
When in court, you should stand whenever the judge enters or leaves the courtroom and stand whenever you wish to speak, addressing all of your comments to the judge. Speak slowly and clearly when giving evidence and make sure to tell the whole truth, as half-truths may weaken your credibility. If the judge asks you a question, immediately stop speaking and listen carefully. If needed, take a moment to think about your response before answering.
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Glossary of Legal Terms
Hearsay
Out-of-court statements that can’t be proven because the statements were not taken under oath so there is no opportunity to cross-examine the declarant. Hearsay evidence is presumptively inadmissible as it may be afforded more weight than it deserves.
