Richard Butler
Solicitor, Honorary Professor, Nottingham Law School
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For many witnesses in a commercial case, familiarisation typically takes about 90 minutes to 2 hours. Roughly one hour of this is for explanation of the process of giving evidence (including specific court material, e.g. Commercial Court, TCC etc.) and mastering evidence ahead of the hearing ("Part 1"), and about an hour is for mock cross-examination (and examination in chief too if the solicitor so requests). A suitable pattern for three witnesses (so long as this would not result in them being brought together for the first time) might be this, with indicative times:
0930-1030 Session with witnesses A, B and C covering Part 1
1030-1130 Witness A - recorded cross-examination, watch recording, feedback, second cross-examination, watch recording, feedback
1130-1230 Witness B - recorded cross-examination, watch recording, feedback, second cross-examination,watch recording, feedback
1315-1415 Witness C - recorded cross-examination, watch recording, feedback, second cross-examination, watch recording, feedback
The fee for witness familiarisation is £225 an hour plus travel expenses plus VAT. So the three-witness illustration above would cost £900 plus travel plus VAT.
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This programme includes examination in chief and assumes a need for three hours, which is unusual. Where a witness requires more extensive familiarisation, additional case studies or incidents in the life of the witness (wholly unrelated to the dispute) can be used for cross-examinations.
| Timing | Activity |
|---|---|
| 0930 | Arrive |
| 0930 | Introduction |
| Importance of solicitor conducting familiarisation knowing nothing about the case. Purpose of familiarisation - to assist the witness to give of his or her best at the trial or hearing in question when giving own uninfluenced evidence. | |
| 0930-0945 | Preparation for giving evidence |
| Read witness statement/report carefully. Does it still reflect your current recollection? Make sure you are familiar with the document bundle which your solicitor has sent you (if any). Check with solicitor which court room. Check with solicitor the time you are wanted. What to wear. What to bring. Allow plenty of time to find court room. | |
| 0945-1000 | The Process in outline |
| The Royal Courts of Justice. High Court judges. How to address the judge. How to address others in the courtroom. High Court procedure. The people in the courtroom. The layout of the courtroom. How to behave in court. Witnesses of Fact wait outside. Expert Witnesses should check with instructing solicitor whether they are permitted to sit in. Procedure going into the courtroom. Procedure when entering the witness box. The oath/affirmation. Whether to stand or sit. Examination in Chief (if any). Cross examination. Re-examination. If court rises while still giving evidence. Being stood down. Whether to leave the court or sit in. Witness expenses - discuss with instructing solicitor. Expert witness fees - discuss with instructing solicitor. | |
| 1000-1010 | Examination in Chief (if any) |
| Pace of delivery. Address the judge. Watch the judge's pen. Listen carefully to questions. If unsure what the question means. ask. Gauge whether question calls for full answer or brief answer. "please describe". "please explain" and closed questions. Allow yourself thinking time. Try to be clear and precise. Use of language - be yourself but remember the occasion. References to trial bundle by advocate and judge. References to trial bundle by you. The end of the examination in Chief. | |
| 1020-1030 | Cross-examination |
| Pace of delivery. Address the judge. Watch the judge's pen. Style of questions in cross-examination. Listen carefully to questions. If unsure what the question means, ask. Allow yourself thinking time. Try to be clear and precise. Self-control. Appropriate manner and courtesy. Use of language. What if you are not allowed to give a complete answer? What if you think your answers will be misunderstood? | |
| 1020-1030 | Remaining examination points |
| Questions from Judge - How to address the judge. Listen carefully to questions. If unsure what the question means, ask. Allow yourself thinking time. Try to be clear and precise. | |
| Re-examination - What is it for? Will there be one? Style of questions. | |
| End of examination - Being stood down. If court rises while still giving evidence. Whether to stay or go. | |
| 1030-1045 | Examination in chief - Performance |
| A mock examination in chief based on fictional case study. | |
| 1045-1100 | Examination in chief - Video review |
| Witness given the opportunity to watch the performance and to identify issues to be addressed. | |
| 1100-1120 | Cross-examination - Performance |
| A mock cross-examination based on fictional case study. | |
| 1120-1145 | Cross-examination - Video review |
| Witness given the opportunity to watch the performance and to identify issues to be addressed. | |
| 1145-1200 | Review of issues |
| A discussion of the issues and a recap of information previously given in the light of the experience of mock examinations. | |
| 1200-1230 | Further mock examinations |
| If wanted, further examination and video review. | |
| 1230 | End of Course |