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Writer's pictureCherie Britton JD

Court Blind Date - Part 2

Yesterday, we discussed how you should prepare for the physical aspect of your court date. Today we discuss your court demeanor.

On your actual court date, make sure to be there on the appointed date and time. Depending on the nature of your case, failure to respond on time to a lawful subpoena may result in: a) a dismissal of the action against the defendant/respondent, b) a contempt of court charge against you or c) a warrant for your arrest.

Needless to say, it is not enough that you be on time. In fact you should be in court ahead of time, at least fifteen minutes before your appointed schedule. Find out where the court room is located ahead of schedule. As soon as you arrive, report to the office of the district attorney who subpoenaed you. In some cases, you might have to stay in a witness or waiting room until such time you are called in court as a witness. If you have to leave the room even for a moment, say to go to the restroom, let the bailiff or the person in charge know where you are going and inform him that you will be back soon.

How should you behave in court? Be yourself. However, keep in mind too that the demeanor of a party or witness is always observed and noted. It is not enough that you dress like a professional, you should act like one too; and just as your testimony is important, your demeanor in the court counts as well. You should be conscious of your body language more so since habitual mannerisms can be interpreted negatively even if done unwittingly. Make sure you do not come across as someone who is too defensive, cocky, argumentative, or bored. Negative body language includes avoiding eye contact, yawning, biting your nails, crossing your arms or legs while testifying. Unless you are asked to demonstrate something with your hands, put them on your lap while you are seated at the witness stand. Sweating could also be taken negatively. It is not only looks unpleasant but it also creates the perception that you are guilty or lying.

Anything that could be a barrier to effective communication should be avoided. Do not have anything on you that jingles such as keys, coins and clunky jewelry. If you must wear jewelry, limit these to functional ones such as wedding ring and a wrist watch. Turn of your cellphone or put it on mute for the duration of the hearing. All these can be very distracting if they make a sound during the hearing. Do not wear tinted or dark colored glasses in the courtroom as eye contact is essential to an effective communication.

Speaking with any of the jury panel is a no-no, be it during the trial or court recesses. You will want to avoid any impression of impropriety, and the jury would also want to maintain their impartiality and would not want to be perceived otherwise.

If it is a trial by jury and you are testifying, speak to the jury panel because they are your audience who needs to have a better appreciation of your testimony.

If it cannot be helped and for any reason you must speak to the district attorney, do it before the trial or at the break and out of the view of the jury to avoid any negative inference from your conversation.

Part 3 of this blog will discuss rules to observe when testifying in court. Don’t miss it!

This blog is not legal advice, but shares information on the law. We are living in hard times; people lose their jobs and many are struggling to make ends meet. Legalbargain.net gives back to society by sharing it’s knowledge and producing advocacy videos to put justice within the reach of those who believe justice is only for those with money.

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