What All Witnesses Should Know and Consider
XIII.
When giving your job duties, do not rush through it. You know what you do but most people (i.e. the jury) have no idea. Answer only if you fully understand the question. If you do not understand, ask the examiner to repeat or rephrase the question. Only answer the question asked; do not tell anything you were not asked. Talk loud enough so everyone can hear you. Give an audible answer so the court reporter or audiotape can hear it. Do not nod your head yes or no. If you are comfortable doing so, maintain eye contact with the trier of fact (judge, jury, or hearing officer(s)) when answering or explaining your response. Listen to objections; the answer may lurk within. If an objection is made, the witness should wait until the judge passes on the objection and determines if
If there is not a question posed to you, remain silent.
TELL THE TRUTH ALWAYS!
Do not guess, exaggerate, or estimate.
Go over anything that may bother you about your testimony. If you are unsure about something talk to the attorney who subpoenaed you. Get the bugs out early. Be professional in the hallway. You never know if jurors are watching. Do not compare testimony with other witnesses before trial. When speaking with opposing counsel, whether on the phone or in the hallway of the courthouse, remember everything is “on the record.” Walk to the witness stand without hesitation. TRY TO RELAX. Do not fidget. Listen carefully and think before you answer.
MAINTAIN YOUR COOL.
If you are telling the truth, why get upset? If you lose your cool, you have just played into the hands of the examiner. Do not object to a question. Objections are left for the attorneys. Do not avoid a question. This may appear to the jury that you are not being truthful.
NO JOKES.
The witness stand is not the place to be cute, witty, or to make joking remarks. Be sincere,
dignified, and professional.
Do not be afraid to say you talked with your attorney about your testimony. There is NOTHING WRONG with discussing your testimony with your counsel. The opposing attorney will try to make it appear that your attorney told you what to say.
it will be permitted to answer the question.
Always be polite.
IF YOU DON’T KNOW, SAY SO.
Do not help the examiner.
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Mothers Against Drunk Driving ®
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