Preparing witnesses can make a decisive difference in a tenant dispute heard by the Residential Tenancies Tribunal in New Brunswick. This guide explains, in plain language, how tenants can identify helpful witnesses, gather supporting documents, and coach testimony without coaching answers. It covers what witnesses should bring, how to confirm attendance, and what to expect on hearing day so renters feel confident and supported. Wherever possible, use clear records like dated photos, messages, or receipts to back up witness statements and reduce surprises at the hearing.
Before the hearing: plan and document
Start early. Identify people who saw events, heard relevant conversations, or have expertise (like a tradesperson who inspected damage). Ask potential witnesses if they are willing to attend and explain what they would say. Provide them with basic facts: date, location, and the issue they will confirm.
- Collect written statements that describe what each witness saw or heard, signed and dated.
- Gather supporting evidence such as photos, texts, receipts, or repair invoices to attach to statements.
- Confirm the hearing date and time with each witness and tell them when to arrive.
How to prepare witnesses
Explain the process simply: the hearing is an opportunity to tell the truth about what they observed. Encourage short, factual statements rather than opinions. Rehearse the sequence of events and ask them to focus on what they directly experienced. Remind witnesses to bring identification and any original documents.
- Provide a written witness statement that lists facts in chronological order and includes contact information.
- Ask witnesses to bring originals or copies of evidence referenced in their statement.
- Share contact details so the tribunal or other party can confirm availability if needed.
What to do on hearing day
Arrive early and check in with tribunal staff. Give copies of witness statements and evidence to the tribunal and the other party if required by local procedures. Briefly remind witnesses to answer only the question asked, speak clearly, and avoid arguing with the other side.
- Bring extra copies of all statements and supporting documents for the adjudicator and the other party.
- Allow time for testimony and possible cross-examination; hearings can run longer than expected.
- Ask witnesses to state their full name and relationship to the matter before giving evidence.
If a witness cannot attend
If someone cant come, check whether the tribunal will accept a signed written statement or affidavits in advance. Some tribunals allow evidence by phone or video when a witness cannot attend in person; inquire with the tribunal about options and required forms.
Coaching vs. preparation
Preparation means organizing facts, reviewing timelines, and practicing how to explain events. Coaching that changes what a witness says or encourages embellishment is not allowed. Encourage honesty and clarity; inconsistent, but truthful, testimony is preferable to coached answers.
FAQ
- Can written witness statements be used if someone cannot attend?
- Yes, many tribunals accept signed written statements or affidavits if a witness cannot attend, but you should check the tribunals rules and provide copies in advance when possible.[3]
- What should a witness statement include?
- A statement should include the witnesss name, contact information, dates and times of observed events, a clear chronological account, and any documents referenced.
- Can a witness be asked questions by the other party?
- Yes, the other side may cross-examine witnesses. Tell witnesses to listen carefully and answer only what they know to be true.
How-To
- Identify and contact potential witnesses early, explain their role, and confirm availability.
- Ask witnesses to prepare a short, signed written statement with facts and attach supporting documents.
- Provide witnesses with hearing details, directions, and a point of contact for questions on the day.
- Bring extra copies of statements and evidence to the hearing and submit them to the tribunal as required.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- Residential Tenancies Act and related legislation - Government of New Brunswick
- Official tribunal forms and application information - Government of New Brunswick
