Every Wednesday we offer five legal tips based on questions we have received from callers. Today we are going to provide five tips on testifying in court. This list was inspired by a person who witnessed a crime and was subpoenaed to testify in court about what he saw. These are general tips that can apply to you if you are testifying in your case or as a witness to someone else’s case.
1. Don’t embellish. Not only should you tell the truth, but don’t exaggerate. Some people think that they need to make a story sound better than it is. Huge mistake that presents an opportunity to the other attorney to tear you apart.
2. Answer the question that was asked. Don’t respond with what you think they want to hear. It’s the attorney’s job to ask you the right questions.
3. Speak up. Not just talk loud, but if you don’t understand a question say so. If you want it repeated, say so. The worst thing you can do is provide an answer when you are not even sure what a question was or what they meant. Lawyers ask a lot of dumb, rambling questions. Again, it is there job to ask you a question in a way that you can understand.
4. Don’t anticipate. There is nothing that drives a Judge or court reporter more crazy than someone who starts answering a question before the lawyer has finished asking it. There is no hurry to do anything and the most important thing to do is answer correctly.
5. Don’t ramble. Whether it’s nerves or bravado or something else, it’s very common to see a witness answer a question and keep talking and talking and talking and talking. Whether you are a plaintiff, defendant or just a witness to an event, volunteering information is a terrible idea. If it’s a yes/no question that deserves a yes/no answer, give one. If you can’t say either then say it’s neither. If you give an answer that makes you look bad it is the job of your attorney to later ask questions that will help you explain away what you meant.
Bonus tips: Dress nice, be respectful to the Judge, and don’t be surprised if you are bored as this process is usually not that exciting.
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