As a nurse we must do everything we can to protect the public from harm. Sometimes this means being a witness at a court proceeding. A witness helps the legal system by giving important information to the court so the court can make the right decision for the plaintiff or the defendant. If you receive a subpoena or summons to witness you must do one of three things.
1. Accept the subpoena and the court date.
2. If there is a conflict with the date, you must call the lawyer or the person who asked you to be a witness, to try to arrange a more suitable time.
3. If you have a good reason not to be a witness; that is, it would be a hardship to get to court, you can ask the judge to be excused. If you do not make arrangements, you must testify. If you don't show up, then the court can issue a warrant for your arrest. (http://www.cba.org)
A civil case usually involves personal interests such as property or money claims. The "plaintiff" is the person making the claim and the defendant is the person responding to the claim. In my case, the plaintiff was the woman whom I treated for a complication from an injection and the defendant was the owner of the spa.
As an expert witness, I had to testify to the treatment that was administered.
To prepare for the case, I contacted my local nursing association. The yearly dues provides the nurse assess to the Legal Assistance Program. This program provided me with free legal advice over the phone so I would know what to expect on the day of the trial.
I prepared my documents, including my CV outlining my extensive education and training in the nonsurgical field of aesthetic nursing, photographs that were taken before and after the treatment was administered, all documented notes, treatment records, and a copy of the College of Physicians and Surgeons of Ontario policies and standards as it relates to delegation and physician supervision standards. You must make three copies of all documents: one for the plaintiff, one for the defense, and one for the court.
Appropriate dress attire, such as conservative business attire, is a must and shows respect for the court. Other ways to show respect is to be on time, do not chew gum, stand up straight, and speak clear and slow. On the day of the trial, be prepared to wait as delays can happen. I was given the time to arrive at 10:05 a.m. and did not start my testimony until 3:50 p.m.
You will be asked to go to the witness box to be sworn in for your testimony. Speak into the microphone as it is used for recording, not for amplifying your voice. You will be asked to state your name and spell it for the record.
The lawyer or the person you are representing will perform a direct examination and ask open-ended questions so you can explain what has happened. Listen carefully and answer only the question asked without rambling.
The defense will then cross-examine you. If you don't understand the question, you may have to ask to have the question explained. The judge may also ask questions to receive clarification. You are required to fully respond to the question that is asked without speculating.
You should say only what you know is true. Be very clear on what was actually done. If you don't remember, then state "I'm sorry I don't remember" or "to the best of my recollection." When addressing the judge, you may call him or her "Sir," "Madam," "My Lord," "My Lady." "Your Honor" is used only in provincial courts.
Having to testify as a witness was a very anxiety-producing experience, but I felt it was my duty to protect the public to the best of my ability.
Retrieved September 5, 2012, from http://www.cnps.ca/index.php?page=114
Retrieved September 5, 2012, from http://www.cba.org/bc/public_media/criminal/216.aspx
Tracey A. Hotta, BScN, RN, CPSN
Editor-in-Chief, PSN