Tips for Witnesses
Key Personnel
2. BEFORE YOU TESTIFY, try to picture the scene, the objects there, the distances and just what happened, so that you can recall more accurately when you are asked. If you have given a statement about this case and would like to read it over before the trial, ask to see a copy.
3. DON'T GUESS. If you don't know, say so, but don't speculate if you don't know the answer.
4. LISTEN CAREFULLY TO THE QUESTIONS ASKED OF YOU. Never answer a question you don't understand. If you don't understand it, ask the lawyer to repeat the question.
5. TAKE YOUR TIME. Give a thoughtful, considered answer.
6. ANSWER ONLY THE QUESTION THAT IS ASKED YOU, THEN STOP. Don't volunteer information.
7. SPEAK LOUDLY AND CLEARLY so everyone can hear you. Don't nod your head "Yes" or "NO," The testimony is being recorded by a tape recorder. Speak into the microphone. Keep your hands away from your mouth when speaking.
8. GIVE YOUR ANSWER IN YOUR OWN WORDS. Do not attempt to memorize what you are going to say.
9. GIVE A POSITIVE ANSWER IF YOU CAN. Avoid such phrases as, "I think," "I believe," or "In my opinion." The judge and the jury are interested only in facts. Don't give them your conclusions or opinions.
10. IF A QUESTION CAN'T BE ANSWERED TRUTHFULLY WITH A "YES" OR "NO," ask for the opportunity to explain your answer in greater detail. If your answer is not clear, clarify it immediately.
11. IF YOU ANSWER QUESTIONS ABOUT DISTANCES, SPEED, OR TIME, WITH AN ESTIMATE, make sure you say it is only an estimate.
12. ADDRESS MOST OF YOUR ANSWERS TO THE JURY. While you are on the stand, speak frankly and openly to the members of the jury, as you would to any friend or neighbor.
13. STOP TALKING IMMEDIATELY WHEN THE JUDGE INTERRUPTS YOU, or when an attorney objects to a question.
14. DON'T LOOK AT THE ATTORNEY OR THE JUDGE FOR HELP IN ANSWERING QUESTIONS. You are on your own. If a question is improper, the opposing attorney will object. If the judge wants you to answer it, do so. Don't ask the judge for advice.
15. BE COURTEOUS. Answer "Yes, sir," - "No, sir," or "Yes, Ma'am," - "No, Ma'am." Address the judge as "Your Honor."
16. DO NOT LOSE YOUR TEMPER. Even if the lawyer questioning you seems to be discourteous, don't let him or her upset you.
17. DON'T ARGUE WITH THE LAWYER who asks a question. Don't answer a question with a question unless you do not understand the question that is asked.
18. IF ASKED WHETHER YOU HAVE TALKED TO A LAWYER, ADMIT IT FREELY. If asked, tell the court to whom you have spoken, such as prosecutors, investigators, victim advocates, police officers, attorneys, etc. and that you were just asked what the facts were. Remember, you are not getting paid for your testimony. You are being reimbursed for the inconvenience and expense that being a witness has caused you.
19. DRESS NEATLY. Avoid distracting mannerisms such as chewing gum. Take your hat off.
20. BE SERIOUS IN THE COURTROOM. Avoid making jokes and wisecracks. A court case is a serious matter.
21. TRY NOT TO BE NERVOUS. We hope these tips will help you feel more comfortable about testifying. If you tell the truth, and if you remember that you are just talking to friends and neighbors, you will do just fine.
