Witnesses

A witness provides important evidence in both civil disputes and criminal cases, and in some cases a witness's evidence can decide a case. A witness therefore has a very strong obligation to tell the truth. Before witnesses give evidence, in most cases they must give a formal affirmation that they will tell the truth.

Witnesses are usually called at the request of one of the parties in the case. The witness is however not a "witness for the party", but for the court.

Usually, a witness may not follow the proceedings before he or she has given evidence to the court. When the witness enters the courtroom, he or she is shown to the witness box. After providing information about their personal details, their relationship to the parties in the case, etc., witnesses are questioned by counsel – in criminal cases, by the prosecutor and the defence counsel – and by the members of the court. A witness also has a duty to provide information about matters that he or she understands are relevant to the case, even if the witness is not asked.

Certain witnesses may have a duty of secrecy that prevents them from giving evidence, or may be fully or partly exempted from the obligation to give evidence due to kinship or similar. A witness who is in doubt about his or her duty to give evidence can ask the presiding judge for more detailed guidance about these issues.

The court and the other participants in the case try to adapt the schedule so that there is as little waiting time for the witnesses as possible, but it is unfortunately not always possible to avoid waiting time.

Witnesses are entitled to reimbursement for loss of earnings, which must be documented, as well as reimbursement of travel expenses and a subsistence allowance. In cases where there is a court usher, the court usher will help with this. Otherwise, witnesses must contact the court staff about payment of their expenses.

Link to The National Courts administration: Being a witness i court

Trondheim tinghus has a witness support service. You can read more about it here (In Norwegian Only).