How do I prepare the questions to ask my witnesses?
Short answer
In Quebec, questions put to a witness must relate to facts relevant to the dispute only, and must not be framed in a way that suggests the desired answer (art. 280 of the Code of Civil Procedure).
In detail
JuridiQC turns that rule into concrete advice: avoid questions that can be answered yes or no, and those that begin with “Did you…” or “Isn't it true that…”. Favour questions beginning with “who”, “what”, “where”, “how” or “why”, or ask the witness to describe an event.
JuridiQC also recommends starting from the list of things you have to prove and determining, for each witness, the facts they are to testify about. A witness should not be summoned to report facts unconnected to what you have to prove, to repeat what another witness has already said, or to establish facts the other party has already acknowledged.
Article 279 provides that each party may ask that witnesses testify without hearing the other testimony, except in exceptional circumstances for expert witnesses. In Small Claims, article 560 provides that the court itself conducts the examinations.
What to document
For each witness: the list of facts they are to establish, one or two open questions per fact, and the dates they will need to remember. Several months can go by between the events and the hearing.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Code of Civil Procedure, arts. 279, 280 and 560 (Légis Québec)
- How to choose and prepare your witnesses for the hearing (JuridiQC, Government of Quebec)
Related questions
- Can I record or film my hearing at the courthouse?
- Can I get the recording of my hearing?
- Is my hearing public and can someone attend?
- What happens if I do not show up for my hearing?
- Can I appeal a small claims judgment?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.