How do I present evidence in court?

To present a strong case at a court hearing, trial or tribunal, you need to have a clear legal objective (what you are asking the court or tribunal for), understand the law that relates to your issue, describe the facts of the case and provide evidence that the information you provided is correct.

There are two types of evidence:

1. Documents: Contracts, receipts, emails, pictures, videos, etc.
2. Oral evidence: What a witness or person says while under oath.

Presenting Documents in Court

1. Take each original document and hand it to the court clerk as you describe to the judge what it is and why it is important. The clerk will give the document to the judge.
2. Give the other party one of the copies of the document.
3. You may need to stand in the witness box and swear or affirm the truth of your statements. Alternatively, you may present the document to the court if it is an exhibit to your sworn affidavit.
4. After identifying the document, it will be marked as an exhibit.

Witness Testimony (Oral Evidence)

You and the other party may bring witnesses to court to help prove your case. Witnesses will need to answer questions asked by both parties and the judge. When you call a witness to court you will get to ask questions first. A witness cannot lie when they answer. If they do, there may be serious penalties, such as a fine or jail time.

Presenting a document to a witness

1. Give the document to the court clerk, who will mark it for identification and give it to the judge.
2. Make sure the other side has a copy of the document.
3. You can then ask the witness questions about the document. The opposing party or the judge may also ask them questions.

A witness should be able to help establish the facts you’re trying to prove. If you have documents you want to present to the court, you may need the witness verify their authenticity and/or explain them. Witnesses can also give evidence on things they heard or saw. For example, if your neighbour told you about seeing a fire in your backyard, you could have your neighbour provide this information in court.

It is important that the witnesses you choose are credible, articulate, and sincere. You can’t tell your witnesses what to say. But it may be helpful to review the questions with them that you will ask and the information they will provide. It is also helpful to consider what questions the other party or the judge may ask.

See “How do I prepare for a BC trial or hearing?” to learn more about presenting your case. Before your hearing, you can get free answers to your legal questions to help you present a strong case: Ask a Human or Ask AI.