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Points to Remember While Testifying

1. Prepare

Refresh your memory so you can avoid confusion. Before testifying, picture the scene, the objects there, and what occurred. If you are asked a question about a distance or a time and your answer is an estimate, be sure to mention that it is an estimate.

2. Dress Appropriately, Act Courteously

Court rules require that witnesses be properly attired. Dress comfortably, but conservatively. Most judges do not allow shorts in the courtroom.

3. Control Your Temper

Losing your temper reduces your credibility as a witness. Remember to stay calm. Control your temper, even if the attorney seems rude or makes you angry.

4. Be Attentive

If you appear bored or indifferent, the judge or jury may disregard your testimony.

5. Speak Clearly and Loudly

Everyone in the courtroom must be able to hear what you say. An inaudible voice or mumbling detracts from your testimony and may give the impression that you are not certain of what you are saying. Don’t be afraid to speak up. You are not the one on trial.

6. Be Fair

Don’t exaggerate or try to slant your testimony. Justice will be served only if the truth is presented by each witness. Make your testimony as objective as possible.

7. Be Helpful, Not Funny

A trial is a serious and important matter. Freedom is at stake. The court wants the facts, not comedy.

8. Give Direct Answers

Follow this simple guide:

(A) Listen carefully to the question. Take your time and think about your answer.

(B) Answer the question asked. Then stop.

(C) Speak distinctly and loud enough for the judge or jury to hear.

(D) If you do not know the answer to a question, say so.

(E) Don’t try to answer a question you don’t understand. Ask that it be repeated or explained.

(F) Don’t argue with the defense attorney.

9. Think Before You Speak

Make sure you understand the question and briefly think about your answer before you start talking.

10. Always Tell the Truth

No one ever wants to see an innocent person convicted. Always tell the truth. Not only is it improper to lie upon the witness stand, it is a crime to commit perjury.

 

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