Question: I will be bringing a witness to traffic court who was in my vehicle at the time I received the ticket. Do I need to inform the court ahead of time of this or is it something I would do when the case starts?
I assume my passenger would testify after the officer but before myself. Is that right?
No Need to Inform the Court
No, you do not need to inform the court, only the court registry if you need them to issue a subpeona for your passenger. If they are going to attend voluntarily, this is not necessary.
The only time it is important is if the witness does not show up. The justice is usually reluctant to adjourn the hearing unless a subpeona has been served to the witness. Without an adjournment you would have to present your case without that testimony.
When Does the Witness Testify?
Your witness would definitely testify after the officer presents the Crown's side of the case. Whether you or your passenger testifies first when you present your defence is up to you.
Think of your case as presenting a story to the justice. You want that story to be clear and complete. The order that you tell it in should be planned in advance to make if easy to understand.
Exclusion of Witnesses
The witness will need to leave the courtroom when your case is called and wait outside until you call them in to testify.
Learn More
This guide explains how to use witnesses to give evidence in B.C.'s Supreme Court. The same principles apply in traffic court.
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