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

This guide breaks the process down into manageable parts with witness preparation tips, including:

• Before the hearing: Reviewing your statement, understanding the process through witness familiarisation, and getting familiar with courtroom etiquette.
• On the day: What to wear, what to bring, where to go, and how to manage nerves.
• Giving evidence: How to answer questions clearly and confidently under examination.

If you’re looking for extra support specifically around cross-examination, the Cross-Examination Preparation Checklist is a practical next step. It helps you fine-tune your preparation with a sharper focus on how to handle tough questions, stay composed under pressure, and communicate your expertise clearly.

It’s built for professionals like you who want to walk into court feeling ready, not just informed, but prepared.

We’ve included practical tips, common-sense reminders, and real-world advice from legal professionals. You’ll also find a checklist at the end of the article to make sure nothing’s missed.

Think of this as your step-by-step companion for court readiness. By following this witness preparation checklist, you’ll know what’s coming, what’s expected of you, and how to present your evidence with clarity and confidence.

Let’s start with some basics.

Why does witness preparation matter?

Being a well-prepared witness is one of the most important ways you can contribute to a fair and efficient hearing. Even if you’re appearing in person or remotely, your ability to give clear, truthful and confident evidence can make a real difference.

Being well-prepared makes a real difference—both for you and for the court process as a whole, because:

• Credibility matters. Judges and decision-makers rely on witnesses to provide accurate and consistent information. If you’re prepared, you’re more likely to come across as credible, respectful and reliable.
• It reduces stress. Knowing what to expect helps you stay calm and focused, even under pressure.
• It supports the legal process. A well-prepared witness helps the court get to the truth faster and more fairly.

Additionally, common mistakes can often be avoided with the right witness preparation for trial. 

For example, forgetting key details is less likely if you’ve taken time to review your statement and timeline, which helps keep events fresh in your mind. Feeling flustered during questioning is also common, but knowing what to expect, such as the format and typical types of questions, can help you stay calm and respond clearly. 

Guessing or making assumptions is risky; preparing thoroughly reinforces the importance of sticking to what you know rather than what you think might have happened. A lack of understanding of court procedures, whether in person or online, can lead to avoidable errors or delays, but learning the basic etiquette and process can prevent this. 

Finally, being influenced by others can distort your account and is prohibited, but good preparation serves as a reminder to rely solely on your own memory and avoid discussing the evidence outside of official proceedings.

Whether you’re a key witness, support person, or giving a brief statement, preparation helps you stay calm and clear. Let’s look at who should get ready and why it makes a difference for each role.

Who needs to be prepared?

Every witness has a vital role in helping the court reach a fair decision. No matter your background or the type of evidence you’re giving, preparation ensures you’re ready to present your information clearly, truthfully and with confidence.

There are different types of witnesses, each with a specific role in court. 

A lay witness is an ordinary person who gives evidence about what they directly saw, heard, said, or did. This might include eyewitnesses to an incident, friends, family members, or anyone with first-hand knowledge of the events. They are expected to stick to the facts, speak only about what they personally experienced, and avoid giving opinions or making assumptions. 

An expert witness is a specialist, such as a doctor, engineer, psychologist, or forensic analyst, who provides professional opinions based on their area of expertise (after the expert witness preparation). Their role is to give unbiased, evidence-based views, explain technical matters in plain English, and remember that their duty is to the court, not to the party who engaged them. 

A character witness gives evidence about a person’s reputation, behaviour, or personal history. This often includes employers, community leaders, teachers, or family members. They should be honest and specific, focusing on their direct experience with the person’s character and avoiding speculation on unrelated issues. 

Finally, a subpoenaed witness is someone who is legally required to attend court and provide evidence, even if they did not volunteer. If you’ve been subpoenaed, you must appear as directed, tell the truth, and follow any court instructions. 

If you’re unsure why you’ve been called, it’s important to contact the solicitor involved or the court registry for clarification.

How roles may differ depending on the case

• In criminal trials: Lay witnesses often describe what happened during or around the alleged offence. Expert witnesses may assist in explaining forensic or medical evidence. Character witnesses may be called during sentencing.
• In civil matters: Witnesses might explain contracts, discussions and negotiations, workplace events, or technical assessments. Experts are common in disputes involving construction, finance, or health issues.
• In family or child-related cases: Witnesses might include social workers, teachers, or extended family. Testimony often focuses on parenting capacity, relationships, or the child’s wellbeing.
• In tribunals or inquests: Procedures may be more informal, but witness preparation for these is just as important. Expect to be asked clear, direct questions by tribunal members or counsel assisting.

Once you know your role, the next step is to understand the case itself. We’ll walk through how to get familiar with the facts without feeling overwhelmed.

What should you know about the case?

Before stepping into a courtroom or virtual hearing, it’s essential to understand the context of the case and your part in it. You don’t need to know everything, but you must be clear on the facts that relate to your evidence.

Before you appear in court, it’s essential to review the key facts and documents relevant to your evidence. Start by carefully re-reading your witness statement, affidavit, or expert witness report. Make sure you understand what you said, why you said it, and how it relates to the case. 

Ask your legal representative for access to any documents you’ve referred to – this might include emails, reports, photographs, or records. Your focus should be on the details directly involving you; you are not expected to know everything about the entire case. 

If anything in your statement now feels inaccurate – perhaps your memory has shifted or you’ve recalled something new – be sure to inform the solicitor who asked you to appear, and do so well before the court hearing.

Next, it’s important to understand your role in the legal proceedings. 

Clarify why you’ve been called to give evidence: are you a factual witness, an expert giving an opinion, or someone offering a character reference? You should also know which party – the plaintiff/applicant or the defendant/respondent – has called you. 

Remember, you are not there to argue, advocate, or take sides.

Your responsibility is to provide truthful, relevant information that assists the court in making an informed decision. Above all, your duty is to the court itself, not to the party that requested your appearance.

Once you are clear on your role, take time to clarify timelines and major events that relate to your evidence. 

Go over the key dates – when particular events took place, when documents were created, and when any important conversations occurred. It can be very helpful to sketch out a basic timeline, whether in your head or on paper, to organise your recollection. This will make it easier to explain the sequence of events if the court asks you to do so. 

If you’re ever uncertain about specific dates or the order of events, it’s perfectly acceptable to say things like “to the best of my memory” or “around that time.” 

What you should never do is guess.

Now that you know what the case is about, it’s time to get your words in order. We’ll break down how to prepare your statement and bring your supporting evidence together clearly and professionally.

How should you prepare your statement or evidence?

Your written evidence – whether in the form of a witness statement or an affidavit – is a key part of the court process. Preparing it properly ensures you give accurate and admissible information.

Drafting or reviewing witness statements

When preparing a witness statement, it’s important to stick to the facts. Focus only on what you personally saw, heard, said, or did. Avoid offering opinions unless you’ve been asked to give expert evidence.

Set out events in the order they happened. Including dates, locations, and the names of people involved helps the court understand your account clearly. Use plain language – short sentences are often better – and avoid legal jargon unless it’s necessary.

Accuracy is key. Check that all names, addresses, dates, and other details are correct. If needed, refer back to documents or records to confirm specific points. If you’re working with a solicitor, they can help organise your statement, but it must be written in your own words.

Knowing what’s in your affidavit

An affidavit is a sworn statement of facts, signed in front of an authorised witness. Once signed, it becomes formal evidence in court, so it must be completely accurate.

Read your affidavit carefully before signing it. Don’t assume everything is correct – if something seems unclear or wrong, ask for it to be changed before you swear or affirm the statement. Once it’s sworn, you’re legally responsible for its contents, so make sure it truly reflects your memory and understanding.

It’s also important to be familiar with every section of your affidavit. You may be asked questions about it in court, and being well-prepared can help you stay calm and confident when responding.

Do’s and don’ts of written evidence

Here are some simple rules to follow when preparing your written evidence:

Witness familiarisation courses help you understand what to expect and how to conduct yourself confidently and appropriately in court.

Understanding the limits of what you can say

Stick to what you know firsthand. Don’t guess what someone else did or thought, and avoid including anything you heard second-hand unless you’ve been told it’s legally allowed.

Legal interpretation is not your job – leave that to the solicitors and the court. Your role is to present the facts as clearly and accurately as possible. If you’re ever unsure about something, it’s absolutely fine to say “I don’t remember” or “I don’t know”. It’s always better to be honest than to risk giving incorrect or misleading evidence.

Once you’ve got the basics sorted, you’ll usually take part in a preparation session. Here’s what to expect—and how to make the most of it.

What happens in a preparation session?

A witness preparation session helps you understand what to expect in court and how to present your evidence clearly and confidently. It’s not about rehearsing your answers – it’s about becoming familiar with the process so you can give your best evidence.

What to expect when meeting with solicitors

You’ll usually meet with the solicitor or barrister who has asked you to appear as a witness. They’ll act as your witness preparation consultants and explain your role in the case, walk you through the main issues, and outline how the hearing is likely to unfold. During this meeting, you may go through your witness statement or affidavit together to clarify anything that’s unclear or needs updating.

You’ll also be reminded of your duty to the court – to tell the truth and only speak to what you know. While solicitors can’t tell you what to say, they can explain how to give evidence effectively and help prepare you for the types of questions you may face.

Going through mock questions and answers

As part of the preparation, you could go through the process of being asked and answering questions, usually as part of a witness familiarisation session or a so-called mock trial, in the same way as you’ll be asked in court – including during cross-examination. This exercise helps you get used to answering questions directly and accurately without getting flustered.

These practise questions can help you:

• Understand how to stay focused under pressure
• Avoid being thrown off by repetition or challenging phrasing
• Learn how to respond calmly if you don’t understand something or need a question repeated

Crucially here the practical sessions should not be on the materials relevant to your case, and the legal professionals doing this training should not be involved in the case.  This is to avoid the risk of influencing your actual evidence.  The goal isn’t to memorise a specific way to answer questions that may be asked, but to feel comfortable delivering your evidence in your own words and maintaining composure while doing so.

Practising tone, pace and clarity

You’ll be encouraged to speak slowly and clearly, using straightforward language that’s respectful and easy to follow. Pausing before you answer gives you time to gather your thoughts and respond calmly.

Practising your tone and pace ensures that everyone in the courtroom – from the judge to the court reporter – can understand your evidence. If you tend to speak quickly when nervous, taking a breath before answering can make a big difference in how you’re heard and understood.

Addressing nerves or emotional reactions

It’s completely normal to feel anxious, particularly if the subject matter is emotional or confronting. Your solicitor can help you prepare for what to do if you feel overwhelmed, upset, or need a break during the hearing.

You’ll be given practical advice on how to manage situations such as:

• Feeling distressed or tearful
• Seeing someone else involved in the case
• Wanting a short break to collect yourself

Remember, the court will usually make reasonable allowances if you’re visibly distressed. It’s perfectly acceptable to let someone know you need a pause. Knowing what to expect – and how the courtroom is set up – can go a long way in reducing stress beforehand.

Trial witness preparation isn’t just about what you say—it’s also about how you act. We’ll guide you through courtroom behaviour so you feel confident and respectful in front of a judge.

How should you behave in court?

Court is a formal environment, and how you present yourself matters. Showing respect through your behaviour, appearance and attitude helps ensure your evidence is taken seriously and supports the smooth running of the hearing.

Basic courtroom etiquette and conduct

Arriving early is essential. Whether attending in person or by video link, aim to be ready at least 30 minutes before your scheduled time. This gives you a chance to settle in and make sure everything is in order.

Respect for the court is shown in small but important ways. Stand when the judge or magistrate enters or leaves, and address them as “Your Honour.” Speak clearly and only when prompted – avoid interrupting or reacting to others, even if you disagree. Keep mobile phones off, remove headphones or sunglasses, and stay focused on the proceedings. If you feel frustrated, remain calm and let your evidence speak for itself.

Who will be there – and what are their roles?

Understanding who’s who in the courtroom can help you feel more at ease. Each person has a distinct role, and recognising them helps you follow the process more easily.

• Judge or Magistrate – Oversees the hearing and makes decisions or rulings
• Barristers – Ask questions, present arguments, and guide the flow of the case
• Solicitors – Prepare documents, support the barristers, and manage case details
• Witnesses – Provide evidence based on what they know, saw, or experienced
• Court Staff – Manage the running of the courtroom and provide instructions
• Public or Media – In some cases, others may be present unless the court is closed

And don’t worry – court staff and your legal team will guide you on where to sit and when it’s your turn to speak.

Body language, dress code, and punctuality

What you wear and how you present yourself physically also matters. Dress in a clean, modest, and tidy way – similar to what you’d wear for a job interview. Wear a suit and tie and proper leather dress shoes if a man, and the equivalent if a woman.  Avoid casual items like T-shirts with slogans, shorts, or ripped clothing, which can appear disrespectful.

Sit upright, stay alert, and keep a neutral facial expression, even if you hear something you disagree with. Slouching, sighing, or reacting physically can distract from your evidence. Arriving on time (or logging in early) also shows that you’re taking your role seriously; remember, the court may proceed without you if you’re late.

Tip: If you’re appearing via video link, behave as if you’re physically in court. Make sure your camera background is plain and distraction-free, and that your internet connection is reliable.

Court can be unpredictable, but question styles usually follow a pattern. Here’s how to handle both friendly and tough questions without losing focus.

What kind of questions will you face?

In court, your evidence will usually be tested through two main types of questioning: first by the party who called you, and then by the other side. Understanding the difference and how to respond can make a big difference to how your evidence is received.

Examination-in-Chief

This is the first stage of questioning, where the barrister who called you asks open-ended questions to help you tell your story. Questions might include “What did you see?” or “Can you describe what happened next?” – giving you the chance to speak in your own words. 

You’ll be encouraged to give a full, truthful account of what you witnessed or experienced.

Often this will be brief and it will simply involve you confirming your prior written affidavit of witness statement to the Court which will stand as your evidence-in-chief.

Cross-examination

Next comes cross-examination, where the barrister for the other side will test your version of events. These questions can be more direct or suggestive, such as “Isn’t it true that…?”  Typically they will be leading questions. The purpose is to find any inconsistencies, raise doubts, or challenge parts of your evidence. 

This is a normal part of the legal process – it’s not personal.

How to handle tricky or aggressive questioning

Sometimes, questions in cross-examination can feel confrontational. If that happens, remain calm and respectful. Listen closely to each question, take a moment to think, and answer only what you know to be true. Don’t let yourself be pressured into agreeing with something that doesn’t match your memory.  Often this is a strategy deliberately used by cross examining counsel to get you to doubt yourself and agree with their positions.

If a question confuses you, it’s okay to say, “I’m not sure I understand – could you repeat that?” Remember: you’re not expected to have all the answers – just be honest and clear about what you do know.

Staying calm under pressure

It’s natural to feel nervous, but staying calm helps you think clearly and present your evidence well. Take a breath before you respond, and focus only on the question being asked – there’s no need to explain more than necessary. If you feel overwhelmed, you can ask the court for a short break.

Practical tip: Practising with a solicitor or support person beforehand can help you feel more confident and prepared.

What if you don’t know or can’t remember?

It’s completely acceptable to say things like, “I don’t know,” “I can’t remember,” or “To the best of my recollection…” if you’re unsure. Never guess or make something up. If your memory is unclear, just be honest about it. If you later realise you made a mistake, correct it by saying, “I’d like to clarify something I said earlier.”

The court values honesty more than certainty. Your role isn’t to be perfect – it’s to assist the court by telling the truth, to the best of your ability.

More hearings now happen online or partly in person. Let’s go over how remote and hybrid settings work—and how to prepare for each one.

How do remote or hybrid hearings work?

In 2025, many Australian courts and tribunals continue to use remote or hybrid hearings to improve access and efficiency. This means you may give evidence from home, your solicitor’s office, or a remote court facility using secure video technology.

Remote hearings are held entirely online using court-approved platforms such as Microsoft Teams or Webex. In hybrid hearings, some people attend in person while others join via video link. Regardless of how you attend, you’re expected to behave exactly as if you were in a courtroom – that means being honest, respectful, and following all court protocols.

Reminder: The legal rules and responsibilities are exactly the same whether you appear in person or remotely.

To help things run smoothly, test your equipment and setup ahead of time. Use the same device, internet connection, and platform that you’ll use on the day of the hearing. A wired internet connection is ideal, and make sure your device is fully charged or plugged in to avoid interruptions.

For sound, using headphones with a built-in microphone can help improve clarity and reduce background noise. Position your camera at eye level so you appear engaged and professional, and check that your face is well-lit and clearly visible.

Choose a quiet, neutral space free from distractions. Avoid sitting in front of windows or busy backgrounds – a plain wall works best. Clear away any clutter or items that might be distracting on screen. Let others in your household know when your hearing is scheduled so you won’t be interrupted.

Tip: It’s a good idea to hang a sign or send a reminder to housemates to avoid accidental disturbances during your appearance.

Even though you’re not in a courtroom, your appearance and conduct should reflect the seriousness of the situation. Dress in clean, neat, professional clothing, just as you would for an in-person court appearance. Stay focused on the screen – avoid checking your phone, looking around the room, or eating and drinking (except water).

Keep yourself muted when not speaking, unless told otherwise. Stand or speak when directed, and always address the magistrate or judge as “Your Honour.” If you need to refer to documents, keep them close by but out of view until you’re asked to use them.

As a witness, the law offers you clear protections. We’ll explain your rights so you can feel safe, respected, and supported throughout the process.

What legal rights and protections do witnesses have?

As a witness in an Australian court or tribunal, you’re not alone. The law provides several rights and protections to make sure you can give evidence safely, fairly, and with proper support.

Right to support people or interpreters

In many cases, you may be allowed to have a support person with you during the hearing, especially in sensitive matters such as family violence cases or sexual assault trials. This could be a trusted friend, a relative, or a professional support worker. Their presence is to help you feel more at ease while giving your evidence.

If English is not your first language, or you have a hearing or speech impairment, you have the right to request a qualified interpreter. Courts will usually arrange this service free of charge. In some situations, like if you are a vulnerable witness (for example, a child or someone with a disability), you may also be allowed to give evidence via video link or from behind a screen to help reduce anxiety or distress.

Tip: Let the court or the solicitor who called you know ahead of time if you need an interpreter or any special arrangements.

Protection against self-incrimination

Witnesses have the right not to say anything in court that might lead to criminal charges against themselves. If a question could expose you to legal risk, you can decline to answer by saying: “I decline to answer on the grounds that it may incriminate me.” This is called claiming privilege.

The court may then decide whether to excuse the question or, in some cases, issue a certificate under section 128 of the Evidence Act (Commonwealth or state equivalent). This certificate means your answer can’t usually be used against you in future legal proceedings. If you’re unsure about this or concerned in any way, it’s best to get legal advice before you appear in court.

What if you feel unsafe or intimidated?

If you’re worried about seeing someone else involved in the case—like the accused or another witness—tell the solicitor who called you or contact the court as early as possible. The court can make arrangements to help you feel safe and comfortable.

For example, the court may provide:

• Separate waiting areas
• Video or remote testimony options
• Screens in court so you don’t have to face certain people
• Security support if there’s a serious risk

Threats or attempts to intimidate a witness are taken very seriously. If at any time you feel unsafe or threatened, report it immediately to the police or your legal representative.

Remember: Giving evidence should never place you at risk. Courts are committed to ensuring fairness, respect, and safety for everyone involved.

Once your part is done, you might be wondering what’s next. Here’s what usually happens after giving evidence—and what you can do to look after yourself.

What should you do after giving evidence?

Once you’ve finished giving your evidence, your main role as a witness may be over. However, there are still a few important things to be aware of to make sure you follow court rules and take care of your well-being.

After you’re excused from the witness box, you may have the opportunity to speak with the solicitor who called you. This can be a chance to ask any questions you have about what just happened, clarify whether you’ll need to return, or talk about how you felt during the process. If the case is ongoing, they might also remind you of any rules about discussing the matter or restrictions that still apply.

Also, if you haven’t yet given your evidence or are still under oath, no one–not even a solicitor–can coach or influence your testimony. But once your part is complete, a debrief can be helpful and reassuring.

Once you’ve been excused, in most cases, you’re free to speak with others. That said, it’s important to be cautious. Avoid discussing what other witnesses said or might say, especially if the case is still going. Do not post about your experience on social media or share any details publicly – this could breach court orders and potentially affect the outcome of the case.

Tip: In some cases, such as criminal trials, confidentiality or suppression orders may still apply even after you’ve given your evidence. If you’re unsure about what you can say, ask your solicitor or a court officer before discussing anything.

Once you’ve been formally excused, you’re generally no longer required to attend court – unless you’re recalled to give further evidence or asked to remain available. Make sure the court or your legal team has your correct contact details in case you’re needed again.

If you’ve taken any notes or received documents relating to the case, keep them private and secure until the matter is fully resolved, especially if the court has given you instructions to do so.

Remember: If you were subpoenaed or ordered to appear, don’t leave the court precinct until you’ve been officially released by the court.

After giving evidence, your duty to the court may be complete, but your responsibility to respect confidentiality and the legal process continues. Take time to debrief, avoid discussing sensitive details, and follow any instructions you’re given.

You’ve come this far—now check you’re truly ready. Use this quick checklist to make sure you’re prepared, calm, and confident for the day in court.

Final checklist: Are you court-ready? [+Witness preparation checklist]

Before your court appearance, use this witness preparation checklist to make sure you’re fully prepared – practically, mentally, and legally. Whether you’re attending in person or via video link, being organised will help you stay calm and confident on the day.

Taking the time to double-check the basics can make all the difference. Show up informed, composed, and ready to assist the court — that’s what being a good witness is all about.