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Need a witness in court



Witness in court to protest: required or not ?

  • Do you need a witness?

  • What does my word worth compared to the police officer's?

  • How to make somebody testify?

  • Must I say it to the court?

  • Damn good questions!

  • It does not cost anything to make it come in court…

  • Not sure he will help us!

  • It depends on your situation.

  • Here are some considerations…

  • It's all up to you!

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Don't worry! Your word is worth as much as the police officer's.

In addition, if the police officer is not present in court to testify and answer the possible questions of the judge to clear up the situation that occurred, you are clearly favoured.

It depends of course on the infringement reproached to you…

And, very important, of what the police officer indicated in his report, which you will know while asking for the communication of the proof.

Can a witness be useful for you? Yes and not. That depends. If the police officer was alone… If the officer's report was overpowering, or that you were caught in speed checking road block… A witness will probably not be useful to you. If there were two officers, perhaps.

Actually, do you need a witness in court or can a witness do harm? That's what's annoying. If you make a witness appear, s/he will have to corroborate your testimony. Then, make you that both of you remember the same story… You cannot lie in front of the judge. The Attorney General's prosecutor will be able to question your witness.

In my case, my wife was present. When I asked the judge if I could have “my witness” testify he answered me: “You do not need to have a witness testify when you already won your cause”. I remained a little amazed!

The most important of all is to not being guilty, knowing what you say to the judge… Read the next two sections for better understanding…

For a simple cause as the one depicted in theses pages, if you decide to have a witness appear, you do not need to inform the court of before the hearing.

If your witness, upon your request, readily agrees to come with you, you only have to show up, with her/him at the foreseen date and hour fixed. You will be able to then mention to the judge, when your turn comes, that you have a witness. You will also be able to inform the city's attorney before the hearing of your cause, if the opportunity shows.

However, if your witness will not show unless receiving an official assignment from a judge, you must show up at the court- house in order to prepare a subpoena. That is how it works at the municipal court of Montreal. Inform yourself for the other municipal court.





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