Quote:
Originally Posted by Makarov
Really? Is this the practice in Alberta? It certainly isn't in Saskatchewan and Ontario (the two jurisdictions where I've practiced law.) Members of a police service are sometimes expected (by their police service, not the court) to stand while they testify, but often don't (especially if they are giving lengthy evidence). Otherwise, none of my witnesses have ever stood to testify (nor have I ever seen any civilian witness stand to testify.)
From a practical perspective, when witnesses are often giving evidence for hours or days at a time, it seems profoundly stupid.
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The default is that you stand there and testify. I've never seen anyone refused who asks the judge to sit down. With elderly, frail, or sick witnesses the court will often take it upon itself to offer a seat. A young healthy guy who might not be on the stand for a long time might not get that same offer.
I think it's really dumb (along with the traditions in Alberta for bowing, robing, and addressing the trier of fact differently depending on gender), but I always tell my witnesses this could be a possibility. I don't want fatigue from standing for an extended period of time to distract them from their evidence.