Content

• Steps
• Part 1 of 4: Prepare to Testify
• Part 2 of 4: Prepare for Trial
• Part 3 of 4: Testify in Court
• Part 4 of 4: Cross-examination
• Tips
• Warnings

As a witness in court, you play a very important role in the trial. If you are a witness in a criminal case, then it will depend on your testimony whether an innocent person goes to jail or whether a criminal is punished. In a civil lawsuit, your testimony will not send anyone to jail, but it can significantly affect fundamental legal rules. You need to learn how to testify correctly in court, because the jury's decision will not only be based on what you said, but also depend on their overall impression.

Steps

Part 1 of 4: Prepare to Testify

1. 1 Prepare and collect your thoughts. Think about the main points you want to communicate, and remember that you don't have to include every detail. The advocate (s) of the person you are testifying on will help you determine what is most important, but what you choose to include in your testimony is entirely up to you. Create a regular and / or electronic folder in which you can store notes or reminders indicating the time and sequence of events, paper or electronic copies of documents or receipts, as well as links to other things that may be useful as evidence, for example, speech recordings, recordings of telephone conversations and so on.
   • Draw a graph or list theses as you recall events or collect paper or electronic documents or evidence related to those events.
   • If you have evidence to support your testimony, refer to it in your speech. First of all, list everyone and everything that can corroborate your testimony.
   • If your speech is not very big, a regular school binder is perfect for you. For more complex readings, electronic tools such as PowerPoint, OneNote, or Evergreen can help you.
   • Remember that when you testify, you must not testify "by hearsay." As a witness in a case, you cannot rely on information from indirect sources. For example, if your friend Joe told you that he heard the accused Sarah say that she was going to rob a bank, that is inadmissible hearsay evidence. You did not hear the defendant say that she was going to rob a bank.
2. 2 Remember that you will never be allowed to use your notes in your testimony. For example, in the United States, in most cases, Federal Evidence Rules prohibit witnesses from reading their testimony from documents or records. If your testimony is very long, complex, or contains technical terms (for example, if an “expert witness” explains a complex scientific technical process), you may provide access to records. The defender will notify you in advance if you can use the recordings.
   • If you forget what you wanted to say during your testimony, you may be shown notes or documents to "refresh your memory." They can be used only to remind you of what you know.You will have to return the document or records before you start testifying.
   • If during your testimony you use written documents or records, the opposing party and his defense counsel have the right to look at these documents.
3. 3 Review your affidavit. If you gave a written statement to the police, met with the prosecutor in charge of the case, or said something that was kept in writing (or recorded on a dictaphone), ask for a copy and read it. Over time, you may forget some of the details of the case, and this will help you to refresh your memory.
   • You can also trim, change, or "omit" certain points or points in the testimony. To omit means not to go into details, if it is not required later. For example, if you think that some of your testimony is irrelevant - for example, an anecdote in the middle of a conversation you witnessed - you can omit it.
   • Do not forget that if a lawyer points out a discrepancy between your testimony in court and the statements you made earlier, you may lose the confidence of the jury.
   • You will also look more convincing if you don't break the chain of events. Reviewing your statements can help refresh your memory before testifying in court.
4. 4 Prepare your speech with your advocate. Many people think that it is forbidden for a lawyer to prepare a witness for questions that may be asked before the trial begins, but this is not the case. Lawyers should have at least a rough idea of ​​what their witnesses will say in court. In the United States, defense attorneys can prepare you to testify using one of these methods:
   • Explain what is required of you and explain how to behave in the courtroom.
   • Discuss your memories with you and verify the statements you made.
   • Tell you about other evidence and ask you to take it into account when you remember what happened.
   • Pay attention to the circumstances of the case, as well as how your testimony will affect its outcome.
   • Get acquainted with other evidence that can be presented during the consideration of the case.
   • Discuss possible questions the opposing party might ask you.
   • Be aware that your testimony may be confusing, lengthy or unclear.
   • Suggest acceptable ways of communicating - for example, "avoid jargon" or "use expressive speech."
   • Defender has no right tell you what to say and what not, or give you a text so that you remember it. Such actions are regarded as a violation of the norms of professional ethics.
   • If your opposing defense attorney is picking on you about this issue, chances are that you are hoping that you will confess that your defense attorney taught you what to say (and your testimony is not based on what you know or have seen). This is not true, unless, of course, the defense lawyer who trained you violated professional ethics; When testifying, you should feel free to speak only the truth, regardless of preparation. But not It will be considered a violation if you tell us about how your side's defender asked you a couple of possible questions and looked at your answers.
5. 5 Practice your speech. If you are a witness in a non-confidential case, try sharing it with a friend or relative who does not represent either party or is not familiar with the case. If you are unsure whether it is possible to breach confidentiality, consult with the lawyer who trains you.
   • If your testimony seems confusing, contradicts each other, or does not sound convincing, go back to step 1. Review your list of key messages or chronology of events and evidence to which you have access. Find out which points sound the most convincing so you can edit your thesis.
   • At the same time, be sure to disclose all events and circumstances relevant to the case, based on information from the primary source.
6. 6 Don't memorize your readings. It is very important to feel confident when describing the details in the readings. You must be confident in what you say. But trying to memorize your testimony or theses can make your speech sound “prepared in advance” or rehearsed.
   • Memorization is different from rehearsal. Lawyers have the right to rehearse the testimony procedure with their witnesses. This will help you prepare for the opposing side's questions and will make it easier for you to testify.
   • Trying to memorize the wording while testifying can also make it difficult for you to look confident. It may seem that you are "composing" your testimony or are confused.

Part 2 of 4: Prepare for Trial

1. 1 Check out the courthouse. Familiarize yourself with the building itself, the layout of the courtrooms, restrooms, dining room, and so on, so you don't feel lost when you come to testify.
   • Do not forget that you will have to go through a metal detector and a security checkpoint. Your bags can be searched or scanned.
   • Do not bring contraband or weapons to court. If you need to take prescription pills with you, make sure they are identifiable and that the prescription has not expired.
   • If possible, go to any court and see how the witnesses testify. This will help you understand how it's done. Then you will feel more confident speaking in court.
2. 2 Don't break your routine. For example, if you're used to eating breakfast, don't skip breakfast simply because you might get nervous. Food cannot be brought into the courtroom. After your arrival, you may not be called immediately to testify, so be prepared to wait.
   • It is also best to avoid excessive consumption of alcohol, drugs, or caffeine before you go to testify. Even the usual cough syrup or allergy medications can leave you distracted or disoriented. Caffeine can make you jittery. The jury will be wary of these signs, and this may influence their opinion about your testimony.
3. 3 Dress appropriately. Whether you like it or not, the jury will form their opinion of you based on your appearance. And this opinion will affect their confidence in your testimony. If possible, check the website of your local court; there are often posts with images of the recommended clothing style.
   • Put on your "business suit" as if you were going to church or to a funeral. It is not necessary to buy an expensive suit, but your clothes should look neat, clean and strict.
   • Usually, gender standards are strictly followed in the courtroom. Men should wear a suit and tie or a button-down shirt and trousers. For women - a skirt with a blouse or a dress. Women should also avoid bright makeup and massive jewelry.
   • You should also avoid anything informal or “alternative”. Do not wear flip-flops, sandals, tennis shoes, sneakers, or worn-out shoes. Avoid wearing things with slogans, lettering, or flashy designs or graphics. Do not wear jeans, shorts, T-shirts, miniskirts, sheer blouses with a large neckline, low-cut trousers, or other informal or revealing clothing.
   • If you have tattoos, try to hide them under your clothing.
   • Don't dye your hair fancy colors.
   • Remove implants inserted during body modification or piercings.
   • It is not customary to wear hats in the courtroom. Religious headdresses such as turbans, hijabs or kippahs are permitted in court.
4. 4 Contact the court office before going to court. It is best if you know in advance the office hours before you go to court.Sometimes the hearing can be rescheduled, discontinued, or ordered before you testify. Call ahead to make sure you're in the right place at the right time.
   • Call the prosecutor's office if you are a witness in a criminal case.
   • Call the court clerk's office if you are a witness in a civil case.
5. 5 Come on time. You will be told when and where the court hearing will take place. You may receive a subpoena containing a court order that you must appear in court to testify. You may be accused of not following court orders if you are late or do not show up.
   • Leave the house early to be in time for court. Don't forget that you may be late. There may be problems with parking or public transport will arrive later than usual. Make sure you have time to get to court and then they will tell you where to go.
6. 6 Do not discuss the matter with anyone in the courthouse. The jurors who will listen to your testimony may sit next to you in the public areas of the courthouse while you wait to be called to testify. You do not have the right to discuss a case with a judge or jury outside the hearing, so do not discuss the pending case or your testimony. with no one outside the courtroom.
   • If someone is trying to get you to talk and find out something about the case at hand, or wants to intimidate you, contact the court staff.

Part 3 of 4: Testify in Court

1. 1 Look at the jury. When answering questions, first of all, you should look only at the jury or the defense attorney asking you questions. If you look at someone else, for example, the respondent or someone from the audience, it may seem that you are waiting for approval or that they will tell you what to answer. This could undermine the confidence of the jury.
   • Most likely, defenders will ask you to look at the jury during the main interrogation (when you are being interrogated by the defender of your nominating party). This will help the jury to focus on your testimony and build trust with you.
   • In addition, maintaining eye contact with the jury during cross-examination will mitigate an opposing defense attorney who wants the jury's attention to be on her or him.
   • If the judge speaks to you, of course you should contact him directly.
2. 2 Be attentive. Listen carefully when asked questions. Do not be distructed. If it is seen that you are bored or not listening, your testimony may not be believed.
   • Stand with correct posture at the witness stand. Sit up straight. Don't cross your arms or slouch.
3. 3 Wait for the end of the question. Be sure to wait for the end of the question before answering. This is not a game show where you need to press a button faster.
   • Remember that the stenographer is tasked with keeping a record of the trial. If you enter into a discussion with someone, most of your words may not be included in the minutes.
   • If necessary, ask for clarification. If you do not understand the question, ask to clarify it. Don't answer a question until you are completely sure you know the answer.
4. 4 Answer openly. Answer only the question posed. Do not talk about what you were not asked about. Avoid assumptions. If you do not know the answer to the question asked, please tell me about it.
   • It is imperative not to be “arbitrary” by providing information during cross-examination. The opposing defender may try to accuse you of inconsistency or try to confuse you.
   • Instead of pointing out every little detail, it's best to be concise. You should not "go into details" when answering or talk about what you have not seen or heard yourself.Otherwise, you may get the impression that you are trying to evade the answer or you have something to hide.
   • Don't fend off with phrases that express complete confidence in what you are saying - for example, "Nothing else happened" or "That's all she said." Instead, say "This is all I remember." Subsequently, you can remember additional details, and it will not seem like you are lying.
   • If you make a mistake, correct it immediately. Ask "Can I fix this?" You may be asked why you decided to change your testimony. Honestly admit you made a mistake.
5. 5 Answer clearly and clearly. Many courtrooms have a microphone that records your testimony. He's not standing there to amplify his voice. Speak loudly enough that even the last row of jurors can hear your answer.
   • Don't respond by tilting or nodding your head, shrugging your shoulders, using gestures, or even "uh-huh." Don't use slang, legal terminology, or police jargon. Your testimony is being recorded. Therefore, you should speak clearly and unambiguously.
   • Don't be sarcastic or joking. It will be difficult to know if you are serious or not. Humor is quite subjective, and others may not interpret your statements in the same way. Speak directly and openly.
6. 6 Be polite and courteous. Call the defenders sir or ma'am and the judge your honor.
   • Do not interrupt defenders and do not rush to answers.
   • Control yourself - do not lose your temper, even if the lawyer tries to provoke you. Angry witnesses are prone to exaggeration. The judge and / or jury will not take your testimony seriously if you appear aggressive or emotional.
   • Do not use swear words unless you have been asked to repeat what you heard.
7. 7 Speak the truth. It doesn't matter how it sounds or what you think about whether it will interfere with your side's advocate, speak only the truth. A representative of the opposing side will easily lead you to clean water, and this can undermine your credibility and put a stain on everything you say.
   • Don't express your opinion regarding the participants in the process or the accused. State only the facts, otherwise it will undermine your credibility, and it will seem that you are in favor of a specific side of the process.
   • If you are asked what you think of the accused, just say that you are a witness in his case, and your task is to tell about what you saw and heard. Try not to judge anyone, including the accused.

Part 4 of 4: Cross-examination

1. 1 Convince everyone that you are telling the truth. Cross-examination can be very nerve-racking. The opposing defense attorney will try to defame your testimony or provoke you to say something that will help him or her win the trial. Keep your finger on the pulse.
   • Remember that the purpose of cross-examination is to undermine the credibility of your testimony and to expose inconsistencies. Don't take it personally.
   • Avoid exaggeration. Make clear and specific statements. Avoid cumbersome or overly generalized statements as they can undermine your credibility.
2. 2 Resist the temptation to provide details for closed-ended questions requiring only "yes or no". The opposing attorney will ask you closed-ended questions that should be answered briefly. Answer yes or no. Don't go into details. Justifying yourself when answering a question that only requires a yes or no answer will give you the impression of a person who dodges the answer.
   • Pay attention to the "leading" questions. You don't have to agree with everything asked of you.
   • For example, you may be asked, "Is it true that you drank four bottles of beer before the incident occurred?" If you've only drunk three bottles, don't go into details. Just answer no. After all, you really are not drank four bottles of beer.
   • When cross-examining, answer the defense attorney's “yes” or “no” questions. Your lawyer will be able to ask additional questions or ask you for an explanation after the cross-examination is over.
3. 3 Correct misinterpreted words or mistakes. The opposing lawyer may attempt to misrepresent your words or convict you of a lie. Don't lose your temper - just explain that you didn't mean what the defender says.
   • For example, you said, "The yellow traffic light was on when I saw car A crash into car B." In cross-examination, the lawyer may say, "So you meant the light turned red." Repeat politely what you said, “No. I said the light was yellow when I saw car A crash into car B. "
   • By correcting the misinterpretation, you will prove that your testimony is accurate. It will also show the jury that you are judicious and attentive to detail. They might even get the impression that the cross-examination lawyer was trying to confuse you.
   • You may be asked if another witness is lying or if he is telling the truth. Answer that you do not know what this person saw, and how well he remembered what was happening. This is true, and it will show that you are operating with facts, and not guessing.
4. 4 Control yourself. Cross-examination can be aggressive or even hostile. Remain calm and respond politely. The jury won't believe you if you get angry or lose your temper.
   • If you remain calm and respond politely to aggressive attacks from a defense attorney, the jury will most likely understand that the attorney is being unprofessional. The bad impression will not be made by you, but by the defender.
   • If you are feeling lost or starting to lose your temper, stop and take a breath. Think before you answer. It is better to think and then answer honestly than to hurry up and accidentally make a mistake.
5. 5 Admit it if you don't remember something. In cross-examination, the attorney may ask you about your previous statements. If you do not remember them, say so and ask to familiarize you with them before you testify.
   • Better to refresh your memory than remembering what you said earlier. If your previous testimony does not agree with the new one, a defender of the opposing side can make it unfavorable for you, accusing him of lying.
   • If you made a mistake earlier and the defender pointed it out to you, admit it. Don't get lost; just ask to fix it.

Tips

• Feel free to ask any of the defenders to repeat his / her question! If you are confused, say that the question confused you and ask a lawyer to rephrase it.
• When testifying under oath, you usually continue to speak even after the opposing party has protested. Unlike testimony where you kept answering after you made a protest, if a lawyer protests during your presentation in court, stop immediately and wait for permission to continue. In many cases, an objection can lead to a withdrawal or revision of the issue.
• If your religion prohibits oaths, instead of taking an oath, you can make a solemn declaration to tell the truth. Tell the bailiff that you wish to make a solemn declaration instead of taking an oath before taking the oath.

Warnings

• If you lie at the witness stand or in your written and oral testimony before your trial, you could face heavy fines or even jail time.