Abdul Muhammed Law Practice
Abdul Muhammed Law Practice details a guide for corporate witnesses.
Introduction
Giving evidence on behalf of a registered company in court can be a complex process, and it’s important to be well-prepared.
Here’s a brief guide in simple language for non-lawyers who are called upon to give evidence on behalf of a company. We’ll cover the issues to be aware of, what to do, what to avoid, and general tips for giving evidence in chief and being cross-examined.
Before going to court
Understand your role
Recognize that you are representing the company’s interests, not your personal views or interests. Your testimony should be factual and unbiased.
Familiarize yourself
Understand the case and your company’s involvement in it. Review relevant documents, emails, and communication related to the case.
Meet with company lawyers
Consult with the company’s legal team to discuss your role, the questions you might be asked, and any potential issues that may arise.
Maintain honesty
Always be truthful. Providing false information in court can have severe legal consequences for you and the company.
Giving evidence-in-chief
In most cases you will have deposed to your witness statement in writing before the court date. If this is the case, you must review your witness statement again before the court date.
If you have a statement that has been filed in the court the process of being led in chief is basic. Your lawyer will ask you questions that already suggest a Yes answer and you will answer yes so that you get to a place for the court to put your witness statement on the record as your evidence in the case.
When you’re called to give oral testimony on behalf of the company:
Listen carefully: Pay close attention to the questions asked. Answer only what is asked, and avoid volunteering extra information.
Speak clearly: Ensure your responses are clear and concise. Avoid jargon or technical language. If you don’t understand a question, ask for clarification.
Speak slowly: You might be shocked to discover that Nigerian judge often take a witnesses’ testimony in long hand so you will need to speak slowly to give the judge the opportunity to write what you say down.
Stick to the facts: Provide factual information based on your knowledge. Avoid offering personal opinions or speculations.
Be calm and respectful: Maintain your composure, even if the opposing counsel asks tough or challenging questions. Be respectful to everyone in the courtroom, including the judge, opposing counsel, and jurors.
Documents will be used: If your side have documents that support your testimony, be ready refer to them. Be sure to explain how they relate to the case.
Being cross-examined by opposing counsel
When the opposing counsel questions you:
Stay calm: Cross-examination can be intense, but don’t let it fluster you. Take your time and think before answering.
Listen attentively: Carefully listen to the questions. Opposing counsel may try to lead you or ask tricky questions. Don’t rush your answers.
Answer honestly: Continue to provide truthful answers, even if they may not seem to be favorable to your company’s position.
Avoid arguing: Cross-examination is not the time to argue or debate. Stick to answering the questions asked.
Don’t guess: If you don’t know the answer to a question, say so. Don’t guess or speculate.
Be wary of Leading questions: Whereas you will be comfortable when your own lawyer asks leading questions your approach to leading question in cross examination by the opposing lawyer will be different. Opposing counsel may use leading questions to suggest answers. If you disagree with the question, calmly state your disagreement and provide your own response.
Refer to your notes: It is your lawyer’s duty to let the court know that you intend to rely on noted. If you’re allowed to use notes or documents provided by your legal team, use them to refresh your memory, but do not read from them verbatim unless instructed to do so.
When unsure: If you feel uncomfortable or unsure about a question, your best bet is to that you are unsure.
Conclusion
Remember, giving evidence on behalf of a company can be intimidating, but staying truthful, composed, and respectful will help you navigate the process.
Consult closely with your company’s legal team before going into the witness stand and throughout the preparation process to ensure you’re well-prepared for court.
