Where do we stand with the evidence?
If you ever find yourself giving evidence in a court room in England or Wales, whatever films, popular books or even some lawyers suggest to you, you are not "taking the stand".
In the United States the place where you give evidence is called "the stand". That is why there the phrase "taking the stand" is used to describe the dramatic moment when someone comes forward to give their evidence.
^ TOPThe Witness Box
Here, although giving evidence can be just as dramatic, you are actually not entering the stand, you are entering the witness box. Nor do we have any similarly punchy phrase to describe giving evidence. If you were to suggest to a Judge that a witness was about to "take the witness box", his puzzled reaction would be to say that the witness should leave it where it was.
^ TOPPosture
Nor are you necessarily standing when you give evidence. Although that is the normal starting position, Judges will often ask a witness if they would prefer to give their evidence sitting down. It is a matter of personal preference. Standing for a prolonged period can be tiring. On the other hand sitting is a much more passive body posture. Whilst I have had to give evidence in a case, I am of course usually and frequently the one asking the questions. Although there is usually no option for the lawyer to sit, even if there is I always prefer to stand. That is because it is much easier to take control of the cross-examination with an alert and positive body posture. A case of taking a stand, rather than taking the stand.
^ TOPThirsty Work
Giving evidence is thirsty work but it is important to remember that the only drink you are allowed to take is that which the Judge expressly allows. There will always be a carafe of water and a glass. I once saw an indulgent Judge allow a witness to drink a "bio" drink from the bottle. Unfortunately the healthy bacteria seem to have been left too long and taken a turn for the worse. The hilarious expression on the face of the witness, mixing surprise and disgust, was one which Eric Morecambe at his peak as a comedian would have done well to better.
^ TOPA Harsher Line
Other Judges take a harsher line. I was once before a Judge who, during a trial one morning, told off the witness for drinking coffee from a flask. Some weeks later I was sitting next to the same Judge at a legal dinner. He told me that at lunchtime on the day this happened he recounted the story at the Judges' dining table. One of his fellow Judges expressed surprise that for this offence he had not had the witness imprisoned overnight, or a least over lunch, for contempt of court. That might be termed standing on ceremony a little too much.
^ TOPCorrect Terms
American films and books are everywhere so their popular expressions are bound to creep into the language. Ironically official legal language is in some ways moving away from that of the US. The person bringing a civil case in the United States is the Plaintiff, as always used to be the position in England. Now since 1999 under the new Civil Procedure Rules, in England and Wales the continental style of name of Claimant is used.
Since even experienced solicitors now sometimes suggest to their clients that they will be taking the stand, at least now you know how to reply. You can ask your solicitor if he really thinks it is necessary for you to give your evidence in the United States.