Court Hearings Explained: What to Expect and How to Prepare as a Witness

You don’t need legal training (although witness familiarisation can definitely help) to be a good witness — just honesty, clarity, and a little preparation. In the pages that follow, we’ll walk you through the process step by step: what to expect before you arrive, what happens in the courtroom, and how to give your evidence confidently and truthfully.

By the end of this guide by Loquitur, you’ll have a solid grasp of how things work and how you can play your part calmly and professionally.

What is a hearing in court?

A court hearing is a formal meeting held in a courtroom where legal issues are discussed and decisions are made by a judge or magistrate. Hearings are part of the legal process used to resolve disputes, determine guilt or innocence, or make decisions in legal matters such as divorce or child arrangements. 

As a witness, you may be asked to attend a hearing in court to give evidence that helps the court understand what happened.

The main purpose of a court hearing is to allow all sides in a case to present their evidence and arguments. This helps the judge or magistrates make a fair and informed decision. Hearings may involve questioning witnesses, reviewing documents, and listening to legal arguments. 

Not all hearings involve a full trial — some are shorter and used to deal with specific issues or decisions along the way.

As a witness, you might be asked to attend different types of hearings, depending on the case. These include:

• Trial hearings – where the main evidence is heard, and the court reaches a final decision.
• Pre-trial hearings – where the court deals with legal or procedural matters before the main trial starts.
• Sentencing hearings – if you gave evidence in a criminal case, you might be invited to attend when the court decides the sentence.
• Fact-finding hearings – often used in family cases to determine what happened, especially if accounts from each side differ.

Each type of court hearing has its own process, but your role as a witness — to tell the truth and answer questions clearly — remains the same.

Here is the difference between civil and criminal hearings:

• Criminal hearings deal with cases where someone is accused of breaking the law. The court decides whether the accused is guilty and, if so, what sentence they should receive. Examples include theft, assault, or fraud.
• Civil hearings involve disputes between individuals or organisations — for example, disagreements over money, contracts, property, or family matters. The court’s role is to decide what’s fair and how to resolve the issue, not to punish anyone.

Now that you understand what a court hearing involves, let’s look at why you might be asked to take part — specifically, what it means to be called as a witness.

Why might you be called as a witness?

Being asked to give evidence in court usually means you have seen, heard, or know something that could help the court understand what happened in a case. You don’t need legal knowledge — just your honest recollection of events.

You might be called as a witness if:

• You saw or heard something relevant to an incident (e.g. an accident, argument, or crime).
• You were directly involved in an event being investigated or disputed.
• You have specialist knowledge (e.g. as a doctor, employer, or expert in a particular field).
• You are connected to one of the people involved in the case and can provide background information (e.g. in family or custody matters).

As a lay witness your role is to provide facts — not opinions — so the court can make a fair decision based on evidence.

Several people or organisations can ask you to attend court as a witness:

• The police – in criminal cases, they may ask you to give a statement and later call you to court.
• Lawyers or solicitors – acting for either side in a case, they may request your evidence to support their argument.
• The court itself – sometimes, the court may summon witnesses it believes are important to the case.

Sometimes, you may be asked to attend voluntarily — for example, if you gave a statement to police or agreed to help in a civil case. In these situations, you’re encouraged to cooperate, but you can technically choose whether to attend.

However, in many cases, attendance is compulsory, especially in criminal trials. If you receive:

• A witness summons (in civil cases) or
• A witness subpoena (more common term in criminal cases).

This means you are legally required to attend court and give evidence. Failing to appear without a valid reason could lead to serious consequences, including fines or arrest.

If you’re unsure whether your attendance is voluntary or required, check the wording on your letter or contact the person or organisation who asked you to attend.

If you’ve been asked to give evidence, it helps to know what steps come next. Here’s what usually happens before the day of the hearing.

What happens before the court hearing?

Before you attend court as a witness, there are a few important steps that help you prepare and understand what to expect. These usually begin well before the actual hearing date.

You’ll usually be contacted in writing — either by a witness summons, a letter from a solicitor, or a notification from the police or the prosecuting authority. This document will tell you:

• The date and location of the hearing
• The name of the case (e.g. R v Smith in criminal cases)
• Who has asked you to give evidence
• Whether your attendance is voluntary or compulsory

If you receive a witness summons, this means you are legally required to attend. Make sure you read all the paperwork carefully, as it may also contain information about expenses, travel arrangements, or support available.

Still, in most cases, you’ll be contacted by the solicitor or prosecutor handling the case. They may:

• Explain why you’ve been asked to give evidence
• Go over the details of your statement
• Answer any questions you have about the court process
• Help prepare you for the kinds of questions you may be asked in court

This is your chance to raise any concerns, clarify anything you’re unsure about, and get a sense of what to expect on the day.

If you previously gave a witness statement (e.g. to the police), you’ll usually be given a copy to review before the hearing in court. It’s important to read through it carefully so the events are fresh in your mind.

You don’t need to memorise it word for word — just be familiar with what you said and be ready to explain things clearly and truthfully if asked.

If anything in your statement no longer seems accurate or if your memory has changed, let the solicitor or prosecutor know straight away.

It’s no doubt, that giving evidence in court can feel stressful, but you don’t have to face it alone. In Australia, most states and territories provide free, confidential support to witnesses through services such as Witness Assistance Services (e.g. through the Director of Public Prosecutions) or community-based court support programmes. They can:

• Answer questions about the court process
• Show you around the courtroom before the day of the court hearing
• Offer emotional support and help manage anxiety
• Be there with you on the day, if needed

Other specialist services exist for vulnerable or intimidated witnesses, including support for children, victims of domestic abuse, or people with disabilities.

In addition, Loquitur offers a wide range of training programmes — both online and in person — designed specifically to help witnesses prepare for court. Whether you’re attending a criminal, civil, family or tribunal hearing, Loquitur’s tailored sessions provide clear guidance, practical tips, and confidence-building exercises to help you feel ready for any situation.

You can ask the police, solicitor, or court staff to refer you to the appropriate service.

Once you’ve received your summons or been asked to appear, a bit of preparation can make all the difference. Here’s how to get ready for court confidently.

How should you prepare for court?

Preparing properly can make a big difference to how confident and comfortable you feel when giving evidence. Here are the key steps to help you get ready.

As a witness, your main responsibility is to tell the truth and give a clear and honest account of what you saw, heard or experienced. You’re not there to argue the case or prove anything — just to share what you know to help the court reach a fair decision.

You may be questioned by both sides, and it’s important to stay calm, listen carefully, and answer as clearly and simply as you can.

Before the hearing, take time to read through any witness statements or notes you’ve made about the case. This helps refresh your memory and makes you feel more prepared.

You don’t need to memorise every detail, and you can’t always read directly from notes when giving evidence unless the judge or court allows it. However, being familiar with your account will help you stay focused and confident when answering questions.

If anything is unclear or has changed since you gave your statement, let the solicitor, prosecutor, or police officer know before the hearing.

Court is a formal environment, so it’s best to dress smartly — for example, as if you were attending a job interview.  Generally a suit and tie and formal shoes for me – and the equivalent for women. 

In court, you should:

• Stand when speaking to the judge or magistrates (unless told otherwise)
• Turn off your phone or any electronic devices
• Avoid chewing gum, eating, or talking while others are speaking
• Be polite and respectful, even if the questions are difficult

Good behaviour helps show that you’re taking your role seriously.

If you’re nervous or unfamiliar with courtrooms, a pre-hearing visit can be really helpful. You can arrange this through the Witness Assistance Service or sometimes directly with the court.

A visit usually includes:

• A tour of the courtroom
• An explanation of where you’ll sit and what to expect
• The chance to ask questions about the process

Some services may also offer a mock trial or role-play session, which allows you to practise giving evidence in a simulated court setting. This can be especially useful for understanding the flow of questions and building your confidence before the real court hearing.

Whether it’s a walkthrough or a full mock hearing, this kind of preparation can help reduce anxiety and make the experience feel much more manageable on the day.

Being prepared is key — but knowing what to expect when you walk into the courtroom is just as important. Let’s take a look at what actually happens during a hearing.

What happens at a court hearing?

Understanding how the court works can help ease nerves and make the experience feel more manageable. Here’s what to expect when you enter the courtroom and give evidence as a witness.

Courtrooms are set up in a structured way to reflect the seriousness of the proceedings. Although layouts vary slightly depending on the type of court (e.g. Magistrates’ Court or Crown Court), most include:

• The judge or magistrates – seated at the front on a raised platform
• The witness box – where you’ll stand or sit to give your evidence
• The dock – where the accused sits in criminal cases
• Barristers or solicitors – usually seated at benches facing the judge
• Court staff – including ushers, clerks and sometimes security officers
• The public gallery – seating at the back for observers, including family or members of the public

In serious criminal cases heard in higher courts, such as the District or Supreme Court, there is usually a jury made up of 12 members of the public who listen to the evidence and decide the verdict.

You may encounter several different people in court, including:

• Judge or magistrates – who oversee the case and ensure fairness
• Prosecution and defence lawyers – who present the case on each side
• Court clerk – who keeps a record and helps manage the hearing
• Usher – who calls witnesses and helps with directions or questions
• The defendant – the person accused in criminal cases
• The jury – in Crown Court trials, they decide on guilt or innocence
• Members of the public – unless the hearing is held in private (as in some family cases)
• Members of the press or media – especially if the matter is high profile

Everyone has a specific role, and your job as a witness is to speak honestly and clearly when it’s your turn to give evidence.

Hearings generally start with a call to order by the usher or clerk. Everyone stands briefly as the judge or magistrates enter. Everyone bows to the judge. The judge then opens the session and confirms which case is being heard.

In criminal trials, the prosecution goes first, followed by the defence. In civil or family cases, the party bringing the case usually begins. You’ll be called to give evidence when it’s time for your testimony.

When it’s your turn, the usher will take you to the witness box and ask you to swear an oath or affirm that you will tell the truth. You’ll then:

1. Answer questions from the lawyer who called you (this is called examination-in-chief)
2. Be questioned by the other side (this is cross-examination)
3. Possibly answer further questions to clarify any points

Try to stay calm, listen carefully, and take your time answering. If you don’t understand a question, it’s perfectly fine to ask for it to be repeated or explained.

One of the most common questions people ask is: how long does a court hearing take? The answer depends on the type and complexity of the case.

• Simple hearings may last less than an hour — for example, a short procedural matter or administrative decision.
• If you’re attending as a witness, giving evidence might only take 10–30 minutes, but you may have to wait at court before you’re called.
• Full trials, particularly in criminal or family cases, can last several hours, a full day, or even multiple days or weeks.

If you’re wondering how long does a court hearing take in your specific situation, the legal team involved or the court staff can usually give you a rough estimate. It’s best to keep the entire day free, just in case the schedule changes or runs longer than planned.

When you’ve finished giving evidence, you may be allowed to leave or asked to stay in court until released by the judge.

Now that you know the courtroom layout and who will be present, let’s focus on what it’s like when you give your evidence as a witness.

What happens when you give evidence?

Giving evidence in court is a key part of many hearings, and it’s natural to feel nervous. Understanding what happens and how to approach it can help you stay calm and focused.

Before you begin giving evidence, you’ll be asked to take an oath or make an affirmation in the witness box.

• The oath is a religious promise to tell the truth, made on a holy book.
• The affirmation is a non-religious promise with the same legal importance.

You’ll be asked which you prefer, and both are equally valid in the eyes of the court.

Once you’ve sworn the oath or made the affirmation, the lawyer who called you as a witness will ask you questions first. This is known as examination-in-chief.

After that, the other side will have the chance to ask you questions — this is called cross-examination. These questions may challenge your account or try to highlight any inconsistencies.

In some cases, the first lawyer may ask more questions afterwards to clarify anything that came up during cross-examination.

Take your time when answering questions. If you need a moment to think, that’s absolutely fine. You don’t need to use legal language — just explain things as clearly and honestly as you can, in your own words.

Keep your answers focused and direct. If you don’t know the answer to something, say so. If you’re unsure, it’s better to explain that than to guess.

Some questions may be upsetting, especially if you’re speaking about a traumatic event. If you become distressed, it’s okay to ask for a short break — just speak to the judge or the usher.

Try to remain calm, even if the questions feel challenging. The lawyers are doing their job — it’s not personal. You can also ask for questions to be repeated or rephrased if you don’t understand them.

In some cases, special measures (such as giving evidence behind a screen or by video link) may be available if you’re considered a vulnerable or intimidated witness.

If you can’t remember a detail, don’t worry — just say, “I’m sorry, I don’t remember.” This is perfectly acceptable. It’s better to admit uncertainty than to provide information you’re unsure about.

If you’re allowed to refer to your statement to refresh your memory, the court will let you know. Be honest about what you do and don’t recall — that’s all that’s expected of you.

While giving evidence is important, so is your safety and wellbeing. Here’s what legal protections and support are in place to help you.

What are your rights and protections as a witness?

As a witness, you are not alone — the justice system recognises the importance of supporting and protecting you. You have legal rights to ensure you are treated fairly, feel safe, and can give your evidence with confidence.

Right to Support and Information

You have the right to be kept informed about the progress of the case and your role in it. This includes:

• Clear information about when and where to attend court
• Details about what to expect during the hearing in court
• Access to the Witness Assistance Service for emotional and practical support

The police, solicitor, or Crown Prosecution Service (CPS) should keep you updated, and you can always ask questions if anything is unclear.

Special Measures (e.g. Screens, Video Links)

If you are a vulnerable or intimidated witness, you may be entitled to special measures to help you give evidence more comfortably. These include:

• Giving evidence from behind a screen so you don’t have to see the defendant
• Giving evidence via live video link from another room or location
• Having your statement read out instead of appearing in person (in some limited cases)
• Using communication aids or intermediaries if you have a disability or difficulty speaking
• Using a translator if you are not comfortable speaking in English or unable to speak English

These measures are granted by the court based on your needs. If you feel you need support like this, speak to the police, solicitor, or Witness Assistance Service as early as possible.

Protection from Intimidation or Harassment

It is a criminal offence to threaten, intimidate, or harass a witness. If you feel unsafe or believe someone is trying to interfere with your evidence, report it to the police or court staff immediately.

In serious cases, the court can put extra protection in place, such as anonymity orders or non-contact conditions for the defendant. Your safety is a priority.

Confidentiality in Some Cases

In certain types of hearings — especially family cases, youth courts, or cases involving sexual offences — the court may restrict who can attend and what information can be reported.

Your identity may be protected, particularly if you are under 18 or the court believes publishing your name could put you at risk. Journalists and the public may be excluded from the courtroom in sensitive cases.

You can also request that personal details, such as your address, are not disclosed in open court.

Understanding your rights is key — but it’s also helpful to know what to avoid while preparing for and giving evidence in court.

What should you avoid doing as a witness?

While it’s important to give your evidence clearly and truthfully, it’s just as important to understand what not to do — both inside and outside the courtroom. Certain actions could affect the fairness of the case or even lead to legal consequences.

Talking About the Case Outside Court

Once you’ve been asked to give evidence, avoid discussing the case with anyone not directly involved — especially before you’ve given your testimony. Even casual conversations with friends or family could create problems later.

This helps ensure your evidence is based purely on your own memory and not influenced by outside opinions.

Discussing Your Evidence with Others

You must not talk about your evidence with other witnesses, either before or during the trial. This includes sharing what you plan to say or what others have said. Each witness is expected to give an independent account of events.

In some cases, the court may order witnesses to remain outside the courtroom until they’ve given evidence, specifically to prevent influence from others’ testimony.

Posting About the Case on Social Media

Avoid commenting about the case on social media — even vague or indirect posts can be risky. This includes:

• Sharing your opinions about the people involved
• Mentioning that you’re a witness
• Revealing details of the hearing or your evidence

Posts like these can lead to serious consequences, including contempt of court. It’s safest to stay completely silent about the case online until it is fully concluded — and even then, check before sharing anything.

Making Assumptions or Speculating When Answering

When giving evidence, only speak about what you actually saw, heard, or experienced. Don’t guess, assume, or offer opinions unless asked to (and unless your role requires it, such as if you’re an expert witness).

If you don’t know or can’t remember something, say so. It’s perfectly acceptable to respond with “I don’t recall” or “I’m not sure,” rather than risking inaccurate or misleading information.

Once you’ve finished giving your evidence, what comes next? Here’s what you can expect after your role in court is complete.

What happens after you give evidence?

Once you’ve given your evidence, your formal role in the hearing is usually complete — but there are still a few important things to know about what happens next.

After you’ve finished giving evidence, the judge or magistrates will usually tell you whether you’re free to leave or if you should stay a little longer. In some cases, you might be asked to remain available in case further questions arise, but this is rare.

If you’re unsure whether you’re allowed to go, ask the usher or the solicitor who called you to give evidence. Do not leave without checking.

Giving evidence — especially in emotionally challenging or sensitive cases — can feel overwhelming. You are entitled to support even after you’ve left the courtroom.

The Witness Assistance Service can continue to offer help after the hearing in court, including emotional support and guidance. If you’ve been affected by the case or feel you need to speak to someone, don’t hesitate to ask for help.

If you’ve been a victim of crime, you may also be referred to specialist services for further support.

If you had to travel, take time off work, or incur other costs to attend court, you may be entitled to claim expenses. These can include:

• Travel costs (train, bus, car mileage, etc.)
• Food and drink while at court
• Loss of earnings (up to a set daily amount)
• Childcare or carer costs, where necessary

You’ll usually be given a claim form by the court or the organisation that called you as a witness (e.g. CPS or solicitor). Bring receipts and any documents that support your claim.

Speak to the court staff or usher if you’re unsure how to make a claim.

As a witness, you may or may not be present for the outcome of the case. If you leave before a verdict is given, you can usually:

• Contact the solicitor or officer in charge of the case for an update
• Ask the Witness Assistance Service to help you find out what happened

In criminal cases, victims and key witnesses are often informed of the outcome automatically — but it’s always fine to ask if you want to know the result.

Even after you’ve given evidence, the emotional impact can linger. If you’re feeling anxious or overwhelmed, support is available.

What if you feel anxious or overwhelmed?

It’s completely normal to feel nervous, anxious or even overwhelmed about going to court — especially if it’s your first time or the case involves something upsetting. These feelings are valid, and there is help available to support you through the process.

Many witnesses feel a mix of emotions before giving evidence — worry, fear, stress, or even guilt (even though they’ve done nothing wrong). This is a common response to the unfamiliar and serious nature of court proceedings.

You might worry about saying the wrong thing, seeing the defendant, or being questioned in public. These feelings do not mean you’re unprepared — they mean you care about doing your best, which is completely natural.

If you’re finding it hard to cope or your anxiety is affecting your daily life, it’s worth seeking support from a GP, counsellor, or mental health service. You don’t need to wait until after the hearing — help is available before, during and after the process.

Support options may include:

• Talking therapy or counselling (through the NHS or privately)
• Helplines such as Samaritans (116 123 – free and confidential)
• Specialist services if you’re a victim of crime, such as Victim Support

Looking after your mental health is just as important as preparing your statement.

Most Australian states and territories have a Witness Assistance Service run by the Director of Public Prosecutions (DPP).  You can speak to a support worker before the hearing and even arrange a pre-court visit to help ease your nerves.

They can:

• Talk you through what to expect
• Be with you on the day of the hearing
• Help you stay calm and focused
• Offer reassurance and answer questions

You can ask the police, court staff, or your solicitor to refer you to the Witness Assistance Service — or contact them directly to request support.

If you need extra support or guidance — before, during, or after the hearing — there are trusted services you can turn to.

Where can you get more help or information?

If you’re preparing to be a witness, you’re not expected to figure everything out on your own. There are trusted organisations and resources available to guide and support you every step of the way.

Several organisations offer free, confidential help to witnesses before, during, and after court proceedings. These include:

• The Witness Assistance Service (Citizens Advice) – Provides emotional support, practical guidance, and pre-court visits. They can also be there with you on the day of the hearing.
• Victim Support – Offers specialist help if you’ve been affected by crime, including independent advice and emotional care.
• Loquitur – A dedicated organisation that supports witnesses through training sessions, online resources, and clear, practical guidance. Loquitur offers free materials to help you understand your role, prepare effectively, and feel more confident when giving evidence.

Whether you need someone to talk to, want to understand the court process in more depth, or would benefit from structured preparation, these services are there to help.

If you have specific legal questions or concerns — for example, about what you can say, your rights in court, or how your evidence might be used — it’s important to get advice from a qualified professional.

You can:

• Speak to the solicitor or barrister involved in the case (if you’ve been contacted by them)
• If you’re unsure about anything, you can contact your local Legal Aid office or a Community Legal Centre for free general legal advice. These services can help explain court processes, your rights, and what to expect as a witness.
• Contact a solicitor – if you need independent legal advice

Don’t be afraid to ask questions. It’s always better to check than to feel uncertain or confused about your responsibilities.

We’ve covered the key parts of the witness journey. To finish, here’s a summary to bring everything together and help you feel more prepared.

Conclusion

Being called as a witness may feel unfamiliar or even intimidating, but with the right information and support, you can approach it with confidence. Your role is important — by giving honest and clear evidence, you’re helping the court reach a fair and informed decision.

Remember, you’re not expected to have all the answers or to act like a legal expert. What matters most is that you tell the truth, stay calm, and take things one step at a time.

Use the support available — whether it’s reviewing your statement, talking to a witness support worker, or simply asking questions when you’re unsure. The more prepared you are, the more comfortable the experience will be.

If you’re looking for witness familiarisation training, Loquitur offers practical, supportive courses — both online and in person — to help you understand the court process and feel more confident when giving evidence.

Every witness plays a valuable part in the justice system. With preparation, support, and a clear understanding of what to expect, you can make a real difference.