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Old 12-06-2012, 09:52 AM   #12
fredr123
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It's "subpoena" and "perp" (as in perpetrator). Minor annoyances, sorry.

The process will be different depending on the prosecutor as far as prep goes. Some like to chat briefly with their witnesses. Others, especially for more serious matters, will hold longer more involved preparation sessions.

You won't be allowed to sit in the room and watch witnesses that testify before you. The judge will order everyone who may be a witness to leave the court room so that their evidence won't be affected by what was said before hand.

For multiday trials, the lawyers might work out a rough witness schedule in advance so you won't have to sit in the hallway day after day after day. However, it's not uncommon for a couple of short trials to be booked over the course of the day. Witnesses in those matters will sit in the hallway until their matter is called and they are called on to testify. If you're the last witness in the last trial, it can be a brutal day.

Also note, that in Canada when you take the stand, you are actually going to be standing the whole time. A chair may be available but unless there are special circumstances that make standing a hardship, you are going to be on your feet the whole time.

Before I was in law school, some buddies and I witnessed an assault with a weapon on one of our other drunk buddies. A group of us were all subpoenaed to testify and had to make the drive up from a small town south of Lethbridge for a full day trial in Calgary. We arrived at the court house on time and spoke to the prosecutor in advance. Moments before the judge arrived to start the trial, the accused agreed to a plea deal and was sentenced on the spot. Totally blew a couple days' of work for each of us. Really sucked.

Most matters, whether they be civil or criminal, are resolved one way or another before trial (or before the trial ends). As lawyers, we know this to be the case, but we can never assume a matter will settle and always have to be prepared.
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