TIPS FOR TESTIFYING IN COURT

The most important recommendation for someone about to testify in court is to be truthful.  Generally, the attorney representing the opposing side is going to ask you the same question in different ways, possibly several times.  It is easy to remember the truth. 
 

Be sure to let the examiner finish his/her entire question to you before you start to answer.  Sometimes people will anticipate what the question will be and start to answer it when that was not the question that was going to be asked and you end up giving the wrong answer to the examiner’s question as a result.

 It is important to verbalize your answer clearly as most court sessions are recorded and a court reporter may also be in the courtroom with you taking down your testimony.  It is important not to mumble when testifying.  For example, say “yes” versus “yeh” or “unhuh” as the latter are not clear verbal responses.  The nodding of a head cannot be heard.  If you are answering a question that requires you to point to a part of your body, be sure to verbalize the part of the body you are pointing to.  For example, if you point to your elbow also state I am pointing to my elbow.

Be sure to answer the question on point and do not bring in unrelated issues in your answer.  If you do not answer your questions on point, then the hearing will drag out and you potentially open doors to other questions you may not be prepared to address. 

If you do not know the answer to question, just say so.  There is nothing wrong with answering a question this way if you honestly do not know the answer.

If part way through your testimony you realize you have answered a previously asked question incorrectly and you now recall the correct answer, advise the examiner that you need to change an answer because you inadvertently or accidentally answered it wrong.

Never interrupt the examiner or speak over the examiner.  If you have a court reporter present, he or she cannot accurately record multiple people talking at once.  If the session is being taped, it is unlikely the testimony will come through clear and be understood.  Therefore, the end result may be critical testimony not coming out in the written version of the taped session.               

Always maintain eye contact with the examiner when you are testifying.  Also if possible, be sure to glance at the judge regularly.  Part of the Judge’s job is to determine your veracity.  Veracity is defined as your ability to answer questions truthfully. 

Only talk when you are addressed or asked a question by the examiner.  The examiner may be your attorney or the opposing side’s attorney, or the judge.  Otherwise, your attorney will do the majority of the speaking at your hearing/trial.

You are not allowed to ask the examiner questions or make generalized statements to the court.  If you have retained an attorney, it is your attorney’s job to ensure the court hears everything important in your case within the confines of the applicable rules that govern procedure.

Do not make faces while you are testifying or when your spouse or a witness for your spouse is testifying.  Do not laugh out loud or make any kind of comments when someone else is testifying even if you strongly disagree with what the person is stating in response to a question.  It makes you look bad to everyone in the courtroom, most importantly the judge.   In a courtroom, the judge is the highest authority.  Be respectful to the judge by paying attention to the judge, sitting quietly while the judge or someone else is speaking or testifying.  Also, do not unnecessarily shuffle papers while someone else is speaking or testifying as unnecessary noise may disturb the judge or the person speaking resulting in them having to start over and this may unnecessarily drag out the hearing.   Be polite and pleasant while you are in the courtroom.

Finally, make sure you have a glass of water close by to where you are testifying.  Most people are nervous when they testify and their mouth becomes dry.  Having water will resolve the dry mouth syndrome and can sometimes be used effectively to give you more time to answer the question.  All courtrooms have water available to those who want it.  It is also very important to keep breathing.  It will help to relax you if you maintain steady breathing.