Can I look at my notes or documents during cross-examination?

Many witnesses would like to take a page of notes into the witness box, just in case they forget a date or amount. The rules on this are stricter than people expect. This guide explains when you may refer to notes or documents while giving evidence, and how to do it properly. The purpose is accurate, truthful evidence, not a script.

Can I bring my own notes into the witness box?

Generally not without the court's permission. Your evidence is meant to come from your memory. A witness reading answers from private notes is not giving oral evidence in the ordinary way, and the other side would not know what the notes say. If you want to refer to something, ask through the lawyer who called you, or ask the judge.

What does the Evidence Act 1950 allow?

Section 159 allows a witness, while under examination, to refresh memory by referring to a writing:

• made by the witness at the time of the event they are asked about, or so soon afterwards that the court considers the event was likely still fresh in their memory; or
• made by someone else and read by the witness within that time, if the witness knew it to be correct when they read it.

With the court's permission, the witness may refer to a copy if there is sufficient reason why the original is not produced.

Section 160 allows a witness to testify to facts stated in such a document even without specific recollection of the facts, if they are sure the facts were correctly recorded.

Section 161 gives the adverse party the right to see the writing used to refresh memory and to cross-examine the witness on it.

So a diary entry written on the day, or an incident report written soon after, may qualify. Notes prepared last week to help you "remember" for trial generally do not.

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What about documents in the bundle?

In civil trials, documents are usually collected in bundles filed in court. During cross-examination you will often be shown a document and asked about it. That is different from refreshing memory with your own notes:

1. Take the time to read it before answering, even if the lawyer summarises it.
2. Check whose document it is: did you write, send or receive it?
3. Say if you have never seen it before.
4. Ask for the page number if you are unsure which document is meant.

If you are giving evidence about a document you made, you may ask to see it: "May I see the email you are referring to?"

What about my witness statement?

In civil trials, your witness statement usually stands as your evidence-in-chief once you confirm it on oath. A copy is usually available in court. During cross-examination, you may be referred to paragraphs of it. If you want to look at it to answer accurately, ask.

What should I prepare?

• Identify any notes, diary entries or reports you made at the time, and give copies to the lawyer before trial.
• Re-read your own statement and documents at home before trial; see which documents to re-read.
• Do not prepare new "memory notes" to take into court.

Common mistakes

• Hiding notes in a pocket or on your phone.
• Reading out answers instead of answering from memory.
• Answering about a document without reading it.
• Using a document you never saw before to "remember" things.
• Not telling the lawyer about contemporaneous notes you have, which then surprise everyone at trial.

Example

A nurse called as a witness in a medical negligence case in Kuala Lumpur was asked what time she checked the patient's blood pressure. She said: "I don't remember exactly, but I recorded it in the nursing notes at the time. May I refer to them?" With the court's permission, she looked at the notes in the bundle and answered. The other side then cross-examined her on the entry, as section 161 allows.

When to speak to a lawyer

If you have diaries, logs or records made at the time, tell the lawyer early so they can be disclosed properly. If you are unsure whether you may use something in court, ask before the hearing. Contact us; every case depends on its facts.

Frequently asked questions

Can I look at my phone for a date?

Not without permission. Ask the court; a message on your phone may be a contemporaneous record, but the other side may then ask to see it.

Can an expert refer to textbooks?

Section 159 contemplates an expert refreshing memory by reference to professional treatises. Expert evidence has its own rules.

Will the judge let me see my police statement?

If it is used to contradict you, the relevant part should be shown to you. Ask before answering.

What if I remember differently from my note?

Say so honestly and explain.

Can I write notes in the witness box?

Usually not necessary. If you need to work something out, ask the court.

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.

1. Evidence Act 1950 (Act 56), Part III Chapter X: examination of witnesses (ss.137-166), AGC Laws of Malaysia
2. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93
3. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026