Key points
- You may ask for a question to be repeated, explained or broken down.
- Compound and ambiguous questions can lead to inaccurate answers.
- Ask politely and briefly; you need not explain why.
- Ask only when you genuinely need to.
- The judge controls the questioning and can require a clearer question.
Witnesses often worry that asking for a question to be repeated will make them look slow or evasive. The opposite is true: answering a question you did not fully understand is one of the main causes of inaccurate evidence. This guide explains when and how to ask. It is court familiarisation; the aim is accurate, truthful answers.
Am I allowed to ask for a question to be repeated?
Yes. Nothing prevents a witness from saying, politely, that they did not hear or understand a question. Your evidence is only useful to the court if you answer the question actually asked. Judges see this every day.
The Evidence Act 1950 gives the judge control over the examination of witnesses. The judge may ask questions to clarify matters (section 165), and can disallow improper questions (sections 151 and 152). If a question is confusing, the judge may ask the lawyer to rephrase it.
When should I ask?
- You did not hear the question clearly (court acoustics can be poor).
- You did not understand a word or phrase, including legal or technical terms.
- The question has two or more parts (a "compound" question), for example: "You went to the site on Monday and saw the cracks, didn't you?" If you went on Monday but did not see cracks, a single "yes" or "no" would be wrong.
- The question is ambiguous: for example, "the meeting" when there were several meetings.
- It assumes something you do not accept.
- The interpretation seemed unclear, if you are giving evidence through an interpreter.
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How do I ask politely?
Simple phrases work best:
- "Sorry, could you repeat the question?"
- "I'm not sure what you mean by 'settlement'. Do you mean the payment or the agreement?"
- "That question has two parts. May I answer them separately?"
- "Which meeting do you mean, the one in March or in April?"
Speak to the lawyer or the judge calmly. You do not need to explain why you are asking.
What should I avoid?
- Asking every question to be repeated as a habit, or to buy time to think up a convenient answer. Ask only when you genuinely need to.
- Arguing about the question instead of clarifying it.
- Answering a different question from the one asked.
- Guessing what the lawyer meant. Ask instead.
What should I prepare?
- Understand the stages of evidence; see cross-examination vs examination-in-chief.
- If you are more comfortable in another language, arrange an interpreter; see giving evidence in Chinese or Malay.
- Know that pausing and asking are both acceptable.
Common mistakes
- Saying "yes" to a compound question when only part is true.
- Being embarrassed to admit you did not understand a term.
- Answering quickly to appear confident.
- Not telling the court about a hearing difficulty.
Example
During a medical negligence trial, a family member was asked: "You were told about the risks and you agreed to the operation, correct?" She had agreed to the operation, but did not recall being told about the specific risk. She said: "That's two questions. I agreed to the operation. I don't remember being told about that particular risk." Her answer was accurate on both points.
What if I realise later that I misunderstood a question?
It happens, especially in long cross-examination. If you realise that an earlier answer was based on a misunderstanding, say so as soon as you can: "Yang Arif, may I go back to an earlier question? I misunderstood it." Then give the accurate answer. Correcting yourself promptly and honestly is far better than leaving an inaccurate answer on the record. If you only realise after you have left the witness box, tell the lawyer who called you straight away, so they can consider whether to raise it with the court.
When to speak to a lawyer
If you have a hearing impairment, language difficulty or other need, tell the party who called you before the hearing so arrangements can be made. Contact us; every case depends on its facts.
Frequently asked questions
Will asking make me look like I'm stalling?
Not if you ask genuinely. Judges prefer accurate answers to fast ones.
Can I ask what a legal term means?
Yes. Say you do not understand the term and ask for it to be explained.
What if the lawyer refuses to rephrase?
Tell the judge politely that you do not understand the question. The judge decides.
Can I ask for the question to be written down?
That is unusual. Asking for it to be repeated slowly is usually enough.
Can I answer "yes, but…"?
Yes. If a simple yes or no would be misleading, explain briefly.
Sources & fact check
Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.
- Evidence Act 1950 (Act 56), Part III Chapter X: examination of witnesses (ss.137-166), AGC Laws of Malaysia
- Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)
Fact-checked on 17 Oct 2026
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