Refusing to swear the oath by asking for a lawyer

Question

Let's say a witness is called to the stand. One who has been prepped by whichever attorney called them. When asked if they swear to tell the truth they ask for a lawyer. What happens next?

I know there are legal reasons that can excuse one from needing to testify¹ and consequences for refusing without good reason. All seem to be legal reasons that a hesitant witness might realize need to be explained by someone qualified in law that has the interests of the witness at heart. If the witness believes no one else in the courtroom is primarily obligated to protect them can they insist on their own lawyer?

Answer 1

canada

The court can order the witness to take the oath and to testify and can hold them in contempt if they continue to refuse. The court can also give the witness an opportunity to discuss with the witness's counsel or make orders that address the witness's reluctance to take an oath or to testify. See e.g. R. v. Wall, 2009 BCSC 1933:

Mr. A was reluctant to be brought into Court. When he arrived, he initially refused to take an oath, but did so when directed by the Court. Mr. A then refused to answer the questions of Crown counsel. He continued to refuse after being directed by the Court.

...

I advised Mr. A that I was going to have to cite him for contempt in the face of the Court, and directed that he retain and instruct counsel and return to court on October 2, 2009 to reconsider his decision after obtaining advice and to give him an opportunity to purge his contempt.

In that case, the witness's concerns were ultimately addressed by ordering a publication ban on his identity. The resolution in other cases would depend on the witness's reasons for reluctance.

Answer 2

The witness can be compelled to be truthful in their responses, and demanding a lawyer to tell you that fact before taking the oath is pointless. However, it is not pointless to be concerned over your Fifth Amendment right against self-incrimination (if you have such a right, as you do in the US). The witness is not competent to legally judge whether a particular answer to a posed question is perjurous, nor can they competently determine whether the answer will tend to incriminate them, and a witness cannot rely on either of the counsels acting in the witness's best interest. The witness may have the mistaken belief that the judge will protect their interests: only their own attorney has that duty. However, any right must be officially asserted, for there to be any protection.