Tips on Testifying
Tracy Duell-Cazes
Should your case proceed to a trial or hearing you will probably be called to testify in court in regard to records and documents or as a witness to events. To give you a general idea of the requirements and procedures concerning testifying at trial, here are some practical hints and suggestions on what to do and how to do it well when you become a witness.
BEFORE YOU TESTIFY
If you are going to testify about records, documents and other written statements, become familiar with them. You should know what the records contain and be able to refer to them easily if you must do so while you?re on the witness stand. Your attorney can offer suggestions on organization and should help you with the documents that she or has prepared. You should help the attorney by organizing your records the best you can. If you are going to testify about some event, you should have no difficulty in recalling those events that happened recently. However, regarding some event that happened months or even years before, try to refresh your recollection; note the location of physical objects and approximate distances or the words that were stated. You may be asked about these things. Talking with friends, relatives, or co-workers who were present may help to recall details you had forgotten. But do not try to develop a common story. Remember: your testimony must state what you recall, not what somebody else told you.
ON YOUR DATE IN COURT
1. Dress neatly but do not overdress. Your normal business attire is probably about right.
2. If you have been subpoenaed by the other party and ordered to produce documents you should notify your attorney immediately regarding the preparation and production of those documents.
3. When you arrive outside the courtroom do not become alarmed if you do not see the attorney at once. You can search for your case on the calendar outside the courtroom to determine the number of the case and look for the attorneys at the time the case is called. In any event, if you cannot locate the attorney, simply wait outside the department until the attorney calls you.
WHEN YOU ARE ON THE STAND
1. When you are first called as a witness, stand upright while taking the oath. Pay attention and say "I do" clearly, so that all can hear. Do not worry about being a little nervous; almost all witnesses are.
2. Wile you are on the witness stand, you are sworn to tell the truth. Tell it!
3. When answering questions address the questioner and the judge on about an equal basis. Look at the two of them most of the time and speak to them frankly and openly as you would to a friend or neighbor. Do not cover your mouth with your hand. Speak clearly and loudly enough so that all attorneys, parties and the judge can hear you.
4. Speak in your own words. There is no need to memorize your testimony beforehand; in fact, doing so is likely to make your testimony sound "pat" and unconvincing. Be yourself.
5. Listen carefully to each question and make sure you understand it before you start to answer. Have the question repeated if necessary. If you still do not understand it, say so. Never answer a question that you do not fully comprehend or before you have thought your answer through.
6. Answer directly and simply with a "yes" or "no" if possible, answering only the question asked; then - stop. Do not volunteer additional information that is not requested. Otherwise, your answer may become legally objectionable under the technical rules of evidence and may also cause you to appear biased. If, however, an explanation is required, say so. Sometimes an attorney will try to limit you to say a "yes" or "no" answer. If that happens, simply say that you cannot answer the question "yes" or "no". Usually the judge will let you explain, but in any event, the judge will get the point.
7. The court only wants the facts that you yourself have observed, not what someone else told you. Nor is the court interested in your conclusions or opinions. Usually you will be unable to testify about what someone else told you, and only "expert" witnesses are allowed to give their conclusions and opinions. There are occasions when your opinion or statements of others will be permissible as testimony but you should be prepared by your attorney as to these few exceptions.
8. When at all possible, give positive, definitive answers. Avoid saying "I think", "I believe" or "in my opinion" when you actually know the facts. But if you do not know or are not sure of the answer, say so. There is absolutely nothing wrong with saying "I don?t know". You can be positive about the important things without remembering all. If you are asked about little details that you do not remember, just answer that you do not recall.
9. The most important thing for you to remember is to relax as much as possible and to tell the truth.