Yes. If you bear the onus, you proceed first. The witness is called - that is you say, ‘Mr. Chair or Madam Chair - My first witness is Jane Doe’. The Chair will put Jane under oath. This means she is legally bound to tell the truth as she understands it. The questioning of witnesses has three and important distinctive steps.
- Examination-in-Chief: First ask the witness to identify herself and her knowledge of or relationship to this case. As you get to the body of your questioning, phrase your questions in such a way as to get the witness to give factual information. Since she is your witness, you will have had prior discussions with her and you probably know what she will say (remembering that she is under oath). Your questions must be neutral. That is, you cannot ask leading questions. A leading question is one in which the answer desired is apparent in the question.
- Cross-Examination: The other party gets to cross-examine the witness. They will try to characterize the evidence to favour their side. They have more latitude than the party calling the witness. They can ask leading questions, like, 'Isn't it true that you weren't wearing your glasses when you say you witnessed this event?' In some circumstances, where the witness is clearly unfriendly to the questioner, they can ‘badger’ the witness. You have the right to object if you believe the cross-examination by the other side is going too far. The Chair will decide.
- Re-Examination: This is sometimes called repairing the damage. You get another chance to ask questions. But, you cannot raise any issues not covered in cross-examination. Again, you cannot ask leading questions.
When the other side calls a witness, they must begin with examination-in-chief and you get to cross-examine that witness, subject to their re-examination.