However, if you happen to work with someone who is getting divorced, don't panic! This is not normally how things work in Scotland. Firstly, it is unusual for anyone to have to give evidence in court in a family action. If the divorce is undefended - that is, both spouses agree to be divorced and there are no other disputes - witness evidence is provided via sworn written statements, known as affidavits, and nobody has to come to court.

Secondly, even if the action is contested, most cases are negotiated to a settlement close to the hearing (or even on the day!) and do not culminate in a full-scale evidential hearing with witnesses taking the oath and giving oral evidence.

It does happen, however, and we know witnesses as well as clients find this stressful, so we try to do everything we can to make it easier. For example, I was surprised that the lawyer dealing with the American case had not contacted the letter-writer in advance. I think anyone would prefer to have a courtesy call at the very least, rather than the first contact being a formal witness citation (the Scottish equivalent of a subpoena).

Also, while it is a serious breach of professional practice to guide or coach a witness in their evidence, we are allowed to explain how the court process works, what will happen on the day, and who else will be present. Special arrangements can also be made to protect children and vulnerable adults, such as allowing them to give evidence via videolink or from behind a screen in court, and having a supporter with them. In general, we try not to overlook simple courtesies like ensuring you have directions/Google map to the court building and advice on transport/parking, and I'm always happy to answer questions such as what to wear (everyone asks!) and what time to turn up.

My final piece of advice is always to bring something interesting to read! Unfortunately, it can be very difficult to know exactly when a witness will be required. It depends on factors outside our control such as the court schedule and how long it takes to complete the evidence of previous witnesses. The time we ask you to come to court may not be the time that you are actually called into the courtroom, but we’ll do our best to keep you posted.

Ultimately, witnesses are there to assist the court by providing information that will help the Sheriff or judge to make a decision. This is reflected in the penalties for non-attendance, which include a warrant for apprehension and a penalty of up to £250. Fortunately, these sanctions are virtually never required in Scotland. I'm not sure if there is an American equivalent, as the original letter-writer eventually decided to testify. Blog readers still await an update on how she got on, but we hope our witnesses have a more positive experience overall, even though we can't eliminate the stress entirely.