2. Before the trial starts, walk in to the courtroom
and familiarize yourself where the witness chair is located and the path you need to take to get to it.
3. Dress professionally. 4. When you sworn in, look at the jury and say, in a loud, clear voice, I do.
5. Once you are seated, sit up straight and look at the
questioning attorney, when answering make eye contact wit h the judge.
6. Answer all questions clearly. Do not nod.
7. Keep your hands in your lap. Keep them away from your mouth.
8. If you need to ask the judge a question, look at the
judge and say Your Honor wait till the judge gives you permission before you ask the question.
9. Listen very carefully to the question. Make sure you
understand it before you answer. 10. If either attorney objects, stop talking, let the judge rule on the objection and then continue.
11. If you make a mistake, admit it.
12. Never memorize your testimony.
13.If the other side asks a question that you think is objectionable, pause before answering and give your attorney a chance to object.
14.Avoid looking at your attorney when
answering questions. UNDERSTAND THE QUESTION
-Listen very carefully to the question.
Make sure you understand it before you answer.
-Think before you answer.
DO NOT VOLUNTEER INFORMATION -Just answer what is asked. Do not avoid the answer by volunteering information.
-Answer the question and stop. Do not
overdo it. DO NOT LOSE YOUR TEMPER/DONT GET SARCASTIC -(always be courteous, even if the attorney questioning you appears discourteous. Avoid being combative. It is a common ploy by defense counsel to lose your focus and destroy you credibility) REFRESH YOUR MEMORY -(try to picture the scene, the objects there, the distances and exactly what happened. Know the important details necessary to prove the case) BE POSITIVE AND CONFIDENT
-(give positive and definite answer when at all
possible. If you do not know, say so. If asked with little details which you do not naturally remember, it is best to say you do not remember. Do not make up an answer especially if it can be verified by documents) BE PREPARED
-(know the facts of the case. Review police
reports, affidavits, documentary and object evidence, transcript)
-Depends on the complexity and seriousness of
the case. (eg. Drug case vs. theft case)
-Lack of preparedness is a common pitfall.
TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.
-(avoid the temptation to embellish the
truth just a bit. It is not necessary and if you are caught it makes your whole testimony a suspect) AVOIDING TRAPS CROSS EXAMINATION ABOUT POLICE REPORT (defense counsel will point differences between the testimony and the report.)
Dont be defensive. If there was an error, admit it. If
something was omitted, say so.
Explain that the purpose of the report is simply to
describe basically what happened. AVOIDING TRAPS DID YOU TALK TO THE PROSECUTOR? (defense counsel will try to point that you are coached by the prosecutor)
Admit it. There is nothing wrong with it. Do not make
any explanations or excuses.
distinction between guiding how to answer facts
efficiently and coaching what to say in court. AVOIDING TRAPS REPEATED QUESTIONS/ANSWERS
(defense counsel will repeat series of questions with
minor changes but technicallythe same question order for the witness to make an inconsistent answer or series of questions that the witness cannot answer)
Give some thought and respond directly as possible.
AVOIDING TRAPS SUMMARIZING PREVIOUS TESTIMONY
(defense counsel will ask with a summary of a
previous testimony but it is somewhat incorrect. He paraphrases what the witness said earlier)