The first part of this blog discussed the physical aspect of your court blind date, while the second part tackled the court demeanor expected of you. This is the last segment of this blog,and we are going to talk about testifying in court.
Your main duty is to testify before the court. The basic rule is to tell the truth because as the saying goes, the truth will set you free. It may not be even worth it to tell white lies since you’ll never know when the judge or jury will see a loop hole in your story. Convincing the judge and the jury naturally follows once you have given them the truth.
What kind of truth are you expected to testify in court? You will be expected to testify only on matters perceived by your senses - as to what you saw, heard, smelled, tasted or felt (sense of touch). Refrain from giving your opinion. Court rules dictate than only expert witnesses such as a medico-legal may give an opinion in his area of expertise. For this reason, avoid phrases like "I believe…" or "I think…”.
It is alright to say "I do not know" when you do not and never did know something or "I do not remember" when you may have known something at some previous time, but do not remember it when asked about it by the judge, jury or counsel. If you have to read from your notes to refresh your memory, ask permission first from the judge before doing do.
Let’s say you are asked to demonstrate something before the court by drawing a diagram. Draw it first before you explain. This will make it easier for the court to grasp the idea you wish to convey which will be difficult for them to visualize if you present an incomplete diagram and explain it to them on piecemeal basis. Include a North compass designation in your diagram for easy reference. When explaining the diagram, position yourself in such a manner that you do not block the view of both the judge, the jury, and the counsels. Should you prepare the diagram before the trial, consult with the district attorney and let him know that you are presenting this. If you are asked for measurements of time or distance, it is permissible to say “approximately…”.
Pay attention when the judge or counsel is speaking and be prepared to respond. Let the judge, jury or counsel finish the question before answering. Pause and think before responding to a question. If the question is not clear to you, do not be afraid to ask for a clarification. Being honest that you do not fully understand the question is better than giving an incorrect or inaccurate answer you might regret later on. Ask permission from the judge to correct an error as soon as you realize that you have made an error in testimony.
I’m sure you’ve heard the line “Just answer the question, Mr. Witness. Yes or no?” You don’t want the judge or the opposing counsel to tell you that you are wasting the court’s precious time, so unless you are asked to elaborate on a particular subject matter, do not do so. Do not be so anxious to volunteer information. This also minimizes the risk of giving self-incriminating statements. If you are asked to explain and a narrative answer is required of you, be brief and go straight to the point. If for any reason the judge interrupts your testimony, stop talking, let him finish and continue when asked to.
Questions can be very tricky at times especially when premised with "Isn't it true that...". It is normal for lawyers to behave the way they do during cross examination because the intention is to protect their clients, and sometimes in order to do that they will have to destroy your credibility. Do not allow intimidation to set in. Neither should you allow yourself to be talked into false testimony. Do not affirm incorrect statements. Stick to the truth and if a question is unclear, do not hesitate to ask for clarification. It is better to be safe than sorry.
Speak clearly, at a normal rate that everyone can follow, and be sure that you are heard by everyone – the judge, jury, court reporter, clerk, interpreters, attorneys and clients. Do not cover your mouth or rest your chin on your hand while you are speaking. If the judge or counsel asks you to read a document out loud, read it loud enough for everyone to hear and do it slowly so that the court reporter can record your testimony.
You are not supposed to be chewing gum inside the court room especially when testifying. Not only does chewing gum look tacky but it also interferes with clear speech; you will want to be understood when you give your testimony. Worst case scenario, you cough or sneeze and you send the gum flying across the room. Who knows where your gum’s going land on? It sounds funny but it could happen.
Always be polite and respectful to the courtroom officials and the attorneys on both sides of the case even in cases when emotions are running high. Address the Court staff by their respective titles. Address the judge: "Your Honor”, the bailiff: "Mr. Bailiff" and so on and so forth. Never resort to name calling or any untoward behavior that could disrupt the order in the court. The judge can cite you for direct contempt of court for unruly behavior in the court room.
Don’t say “AFAIK” when you can say “as far as I know” or “IMHO” to say “in my humble opinion”. Use common language, avoid work related jargon or slang. Remember that you are addressing the court, not your peers.
Court proceedings can be an emotional experience too more so when you have to narrate an event that happened in the past. Be calm and avoid using curse words.
Now, if you need key words to remember all these tips for your court date, the acronym will have to be D-A-T-E:
D – dress decently
A – account for court behavior
T – tell the truth
E – everyone’s eyes are on you
Though not as casual as a typical date, this important day could have life changing consequences. Whether your case is civil or criminal, whether you are the plaintiff or the respondent, we wish you all the best on your court date.
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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