Can a witness discuss the case with others while still giving evidence?

Trials often last more than a day, and witnesses may be in the middle of cross-examination when the court breaks for lunch or adjourns overnight. A natural question follows: can I talk to anyone about the case in the meantime? The short answer is: not about your evidence.

Why can't a witness discuss their evidence?

The purpose of evidence is to hear what the witness remembers, in their own words. If a witness talks about the case during their evidence, there is a risk, even unintended, that:

• their account is shaped by what someone else says;
• they are "prepared" on how to answer cross-examination questions;
• the other side later argues that their evidence was influenced.

Even an innocent conversation can damage the credibility of evidence that would otherwise be accepted.

What does the court usually say?

When a witness's evidence is interrupted by a break or adjournment, judges in Malaysian courts commonly remind the witness not to discuss their evidence with anyone until they have finished. Follow that direction exactly. If no direction is given, assume the same rule applies and ask your lawyer if unsure.

Can I talk to my own lawyer during a break?

Usually not about your evidence while you are under cross-examination. Professional conduct rules for advocates and solicitors generally restrict lawyers from discussing the evidence with a witness in that situation, except with the court's permission or the other side's agreement.

You may still tell your lawyer about practical matters: you feel unwell, you need an interpreter, you have a travel problem, or someone has approached you. If you think something you said was wrong or was mistranslated, tell the court when you return, or ask your lawyer how to raise it without discussing the substance; see our article on interpreter mistakes.

Have a question about your own situation? Ask on WhatsApp

What about other witnesses?

Do not discuss your evidence, or theirs, with other witnesses, before, during or after you give evidence until the trial is over, unless your lawyer tells you otherwise for a proper reason. In particular:

• do not tell a witness who has not yet testified what you were asked;
• do not compare notes or "agree" on dates or details;
• do not share copies of your witness statement.

Witnesses are often asked to wait outside the courtroom until called, for the same reason.

What about family and friends?

You can tell family that you are giving evidence and when you will be at court. Do not discuss what you said or will say, and do not ask them for their views on your answers. Family members who are also witnesses are subject to the same rule.

What about social media and messaging?

• Do not post about the case, the judge, the lawyers or other witnesses.
• Do not message anyone about your evidence, including in group chats.
• Do not record or photograph court proceedings without permission.

Posting about a pending case can risk prejudice and even contempt; see our article on contempt of court.

What about remote hearings?

In a video-link hearing, the same rules apply. Courts usually expect a witness to be alone in the room, with no notes or messages unless allowed. Do not have anyone prompting you off-camera; see our article on giving evidence by video link.

What should I do if someone approaches me?

1. Do not engage. Say politely that you cannot discuss the case.
2. Write down who approached you, when and what was said.
3. Tell the lawyer who called you, or the prosecutor, as soon as possible.
4. If you feel threatened, consider making a police report.

Never change your evidence because of what someone said to you. Your duty is to tell the truth; see our article on perjury.

Common mistakes

• Calling a colleague at lunch to "check" a date.
• Asking your lawyer whether an answer was good.
• Discussing the case with family who are also witnesses.
• Reading online coverage or comments about the case during your evidence.
• Messaging other witnesses "just to say how it went".

When to speak to a lawyer

Speak to the lawyer handling the case before you start giving evidence, so you understand these rules, and immediately if someone tries to discuss your evidence with you. Chris & Partners, led by Dr Chee Hui Bing, handles civil and criminal litigation. Contact us; every case depends on its facts.

Frequently asked questions

Can I talk to my lawyer before I start giving evidence?

Yes. Before you take the stand, your lawyer can explain the process and you can read your own statement. Preparation is familiarisation, never coaching.

What if my evidence continues for several days?

The rule applies throughout, including overnight and over weekends, until you are released.

Can I discuss the case after I finish?

Once released, you may usually speak to your lawyer. Avoid discussing your evidence with witnesses who have not yet testified.

Can I re-read my witness statement during a break?

Ask your lawyer or the court. Do not bring new notes into the witness box without permission.

What if I accidentally discussed the case?

Tell your lawyer or the court honestly. It is better to disclose it than to have it emerge later.

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), including section 114A, AGC Laws of Malaysia
2. Criminal Procedure Code (Act 593), Attorney General's Chambers Laws of Malaysia
3. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93
4. Malaysian Bar (Bar Council Malaysia)

Fact-checked on 17 Oct 2026