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Comfort House (Sexual Assault Treatment and Child Advocacy Center) Indiana Coalition Against Domestic Violence |
Tips For Witnesses
Tell the Truth – A lie may lose the case. In a lawsuit, as in all other matters, honesty is the best policy. Telling the truth, however, means more than refraining from telling a deliberate falsehood. Telling the truth requires that a witness testify accurately about what he or she knows. If you tell the truth and tell it accurately, nobody can cross you up.
Don’t Guess – If you do not know, say that you do not know.
Be sure you understand the question. You cannot possibly give a truthful and accurate answer unless you understand the question. If you do not understand the question, simply ask that the question be repeated. If you are unsure of what you are being asked, say, “I’m sorry, but I don’t understand what you are asking.” Or, you may ask that the question be rephrased.
Take Your Time – Give the question some thought. You are not required to answer promptly. Give yourself time to think about the question and then answer as best you can. A well thought out answer helps to make your response clear and easier to understand.
Answer the Question That is Asked and Then Stop. Do not volunteer more information.
Speak Loudly – It is important for everyone to be able to hear you.
Give an Audible Answer – You want your testimony to be heard. Therefore, speak loudly and clearly so that the court reporter can interpret and record accurately. Do not nod or shake your head to indicate YES or NO.
Keep Hands Away From Your Mouth – Once again, you want to be heard. Therefore, do not block the path of your voice.
Do Not Chew Gum – Gum chewing is very distracting to the people listening to you. They will be able to hear your testimony better without the interruption of an occasional smack at your gum.
Do Not Look at Your Lawyer for Help When You Are Testifying – You are on your own. You do not want to create a bad impression for the opposing counsel. You are on the stand to tell the truth and nothing else but the truth. Have confidence in yourself and your answers.
Beware of Questions Involving Distances and Time – If you make an estimate, make sure that EVERYONE knows you are ESTIMATING.
Know Your Name – This may seem silly, but often when we get nervous, we forget things. Know your name, where you live, how old you are, when you were married, etc.
Do Not Argue with Opposing Attorneys – Sometimes it is difficult for witnesses and victims to understand the questions from opposing attorneys. Just remember that they need you to give them information about the case. They may seem harsh at times, however you must remain calm and answer the appropriate questions. He or She has the right to question you. If you become short tempered or smart with them, this will only hurt the credibility of yourself as a witness and could hurt the case.
Do Not Lose Your Temper – No matter how hard you are being pressed for information, you must not lose your temper. If you lose your temper you have let the opposing side win the argument cross-examination. This may cause you to lose the case.
Be Courteous – Being courteous is one of the best ways to make a good impression. Be sure to answer “Yes Sir/Ma’am” and “No Sir/Ma’am”.
Dress Appropriately –A witness’ appearance should be neat and businesslike. It is not necessary to purchase an expensive outfit, but it is a good idea to appear clean, neat, and conservative because you want the Judge and the jury to concentrate on what you are saying, not what you are wearing.