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Witness Suggestions
Here are some practical hints and suggestions on what to do and how to do it well when you are asked to serve as a witness.
ON YOUR DAY IN COURT
- Dress neatly, but do not overdress. Your normal business attire is probably about right. If support or attorney’s fees are in issue, be sure not to wear expensive jewelry or watches.
- If you have received a subpoena, take it with you.
- There is no smoking in the courthouse. Gum chewing is permitted in the corridors, but not in the courtroom itself.
TELL THE TRUTH
- The most important advice is to tell the truth on the witness stand. Sincerity and truthfulness are critical elements in a custody case. If the judge believes you have been other than truthful, our case may be severely damaged. Your ability to project warmth is very helpful. You do not want to come across a phony, petty, vindictive or “out to get” the other parent. You do not want to appear to have a rehearsed speech when you testify.
WHEN YOU ARE ON THE STAND
- Stand upright while taking the oath. Pay attention and say, “I do” clearly, so that all can hear. Try not to be nervous: there is no reason to be.
- 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.
- 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 though your answer through.
- Answer directly and simply, with a “yes” or “no,” if possible, only the question asked; then stop. Do not volunteer additional information that is not requested. If an explanation is required, say so. Sometimes an attorney will try to limit you to a “yes” or “no” answer. If that happens, simply state that you cannot answer the question “yes” or “no”. Usually the Judge will let you explain.
- The court only wants the facts that you yourself have observed, not what someone else told you. 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.
- When at all possible, give positive, definite 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 the details. If you are asked about little details that you do not remember, just answer that you do not recall.
- Do not exaggerate. Be wary of overbroad generalization that you may have to retract. Be particularly careful in responding to a question that begins, “Wouldn’t you agree that….?” Note also that statements like “Nothing else happened” are dangerous; after more thought or another question, you may remember something else. Say instead, “That’s all that I recall,” or “That’s all I remember happening.”
- If your answer was wrong or unclear, correct it immediately. It is better to correct a mistake yourself than have the opposing attorney discover an error in your testimony. If you realize that you have answered incorrectly, say “May I correct something I said earlier?” or “I realized now that something I said earlier should be corrected.”
- Stop instantly when the judge interrupts you or when the other attorney objects to what you say. Do not try to sneak in an answer.
- Usually, a witness should not ask the judge for advice; it is his/her attorney’s job to object to any improper questions.
- Always be polite, even if the attorney is not. Do not be an argumentative or sarcastic witness.
- Testifying for a substantial length of time is surprisingly tiring and can cause fatigue, crossness, nervousness, anger, careless answers, and a willingness to say anything in order to leave the witness stand. If you feel these symptoms, strive to overcome them or ask the judge for a five-minute break or to allow you to have a glass of water.
BEFORE YOU TESTIFY
- If you are going to testify concerning records, become familiar with them. You should know what the records contain and be able to refer to them easily if you must do so when you are on the witness stand. If you are not generally familiar with your company’s procedure for making and keeping these records, find out. You may be asked to authenticate them as records made and kept in the regular course of the company’s business.
- If you are going to testify concerning some event that happened month, or even years, before, try to refresh your recollection. Return at least once to the place where the event occurred. Close your eyes and try to picture the exact scene. Talking with friends and family members who were there may help to recall details that you had forgotten. But do not try to develop a common story. Remember: Your testimony must state what you recall, not what somebody told you.
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