Can I Have a Witness Testify at Court?

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You may bring a witness to court to testify if the person is properly qualified and the information he or she will provide is relevant to the issues. You may also give the court written testimony of a witness that is prepared as a declaration.Opens new window  You may use this form:

If you decide to bring a witness, give some thought to what you expect him or her to say, and how that is important to the orders you want the court to make. Remember that the court time is usually very limited, so be sure the information the witness will provide is helpful and relevant.

Prepare, file and serve a witness list

If you intend to call live witnesses at your hearing you must prepare a witness list before the hearing. This list must include the names of all witnesses you intend to call, as well as a brief description of their expected testimony.

Once you have finished this list:

  • Make two copies of the list - one for the court and one for your spouse or partner. Then take (or mail) the original and two copies to the court to be filed Opens new window by a court clerk.
  • You must serve Opens new window a copy of this list on your spouse or partner.
  • Make sure your witnesses know how to find the court and what time to be there.  It might be a good idea to give them a copy of the checklist on this website for how to dress and how to behave in court.

NOTE:  If you do NOT file and serve a witness list before the hearing, the court may postpone your hearing to a later time.  The court could also make temporary orders to be obeyed until the new hearing takes place.




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