Witness

What do I do when I get to court? | Who will be in the court? | How should I behave in court? | What do I call the judge? | The hearing

If you are called as a witness in a family case it may mean that you;

• are a party to the case;
• have seen or heard something in connection with the case; or
• have information about someone who is a party to the case.

What do I do when I get to court?

When you arrive at the courthouse you will have to pass through security.

You should then report to the courthouse reception. The receptionist will tell you which courtroom your case is in and where to wait.

When it is time to go into court you will be called.

Who will be in the court?

As family courts are 'closed' and as such no members of the public will be permitted to sit in the public gallery. The only people who will be present in the courtroom are:-

• the Deemster;
• the applicant and respondent;
• advocates;
• the court usher;
• the court clerk;
• a Guardian ad Litem (if appointed); and
• the court welfare officer (if required).

How should I behave in court?

Please switch off or silence your mobile phone or pager before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.

Family courts are closed (in chambers) hearings. When you are in court you may remain seated when addressing the judge. You must be polite at all times, never shout or use vulgar expressions and never interrupt other people when they are speaking. It is important you remain calm, everyone will have their turn to speak. If you speak out of turn, or are rude to the judge you may be held in contempt of court.

If you wish to hand any documents to the judge you must ask for permission. You must then hand them to the court clerk who will then pass them to the judge.

What do I call the judge?

If a Deemster is dealing with your case then he/she is addressed as;

Your Honour

If a Judicial Officer is dealing with your case then he/she is addressed as;

Sir or Ma'am

The hearing

You will be asked to say what you saw/heard so that the court can build up a picture of what happened and reach a decision.

When you are asked to give your evidence the court clerk will bring you into the courtroom and ask you to stand in the witness box.

You must be sworn in before you give your evidence. To do this you will be asked to take the oath, which you can take on a Holy Book of your religion, or you can affirm (promise) to tell the truth. The court clerk will usually check with you before court which one you want to do. You must read the oath or affirmation aloud. If you have any problems with reading it the court clerk will read it to you to repeat back.

You will then be asked a series of questions by the party, or the advocate, who has asked you to be a witness on their behalf. Once they have finished then the other party or their advocate will also ask you a series of questions.

The first party or advocate will then be given an opportunity to ask further questions. Finally the Deemster may ask you any questions if he wants to.

After you have finished giving your evidence, the Deemster will let you know if you can leave the courthouse or whether you might be called back to give further evidence later on in the hearing. If you are not needed you will be free to leave the building. You may not remain in the courtroom.

Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.