HINTS ON HOW TO BE A GOOD WITNESS IN COURT

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HINTS ON HOW TO BE A GOOD WITNESS IN COURT

• BY D A PAVER

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INTRODUCTION

• TELLING A COHERENT STORY IN AN INFORMAL
  ENVIRONMENT IS AT THE BEST OF TIMES A DIFFICULT
  EXERCISE
• BEING TESTED BY A CROSS EXAMINER IN THE
  SOMETIMES HOSTILE ENVIRONMENT CAN BE UNNERVING
  AND CAN LEAD TO YOU APPEARING TO BE LESS CREDIBLE
  AS A WITNESS

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THE DEFENCE ATTORNEYS JOB

• THE JOB OF THE DEFENCE ATTORNEY IS TO REPRESENT
  HIS CLIENT AND IF THAT MEANS ATTEMPTING TO CREATE
  THE IMPRESSION THAT YOU ARE NOT CREDIBLE THAT
  YOU LACK KNOWLEDGE YOU ARE BIASED OR PREJUDICED
  OR INCONSISTENT, HE WILL SET OUT TO ACHIEVE THIS
  IN CROSS EXAMINATION

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PHASES OF EVIDENCE

1. EXAMINATION IN CHIEF
2. CROSS EXAMINATION
3. RE EXAMINATION
4. QUESTIONS BY COURT
5. QUESTIONS ARISING OUT OF THE COURTS QUESTIONS

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HOW TO BE A GOOD WITNESS IN EVIDENCE IN - CHIEF

• BEFORE YOU TESTIFY
• AT COURT
• IN THE WITNESS BOX

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BEFORE COURT

• IF YOU ARE GOING TO REFER TO RECORDS FAMILIARISE
  YOURSELF WITH THEM

• IF YOU ARE GOING TO TESTIFY ABOUT AN EVENT THAT
  HAPPENED SOME TIME BEFORE
• REFRESH YOUR MEMORY

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DAY OF COURT

• DRESS NEATLY
• TAKE YOUR SUBPOENA WITH YOU
• APPROACH THE PROSECUTOR DISCUSS THE EVIDENCE
  YOU ARE ABOUT TO GIVE WITH HIM
• AVOID UNDIGNIFIED BEHAVIOUR

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IN THE WITNESS BOX

• Stand upright when taking the oath
• Your are there to tell the TRUTH TELL IT!!
• Look at the judge or magistrate when testifying.
  Speak clearly and loudly and
• SLOWLY WATCH THE PEN!!
• Speak in YOUR OWN WORDS
• Listen CAREFULLY to the question. If you do not
  understand it, SAY SO. NEVER answer a question
  unless you understand it.

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• Answer directly with a YES or NO answer if an
  explanation is called for, say so.
• The court ONLY wants to hear what YOU OBSERVED
  YOURSELF and not what someone else told you.
• The court is also not interested in YOUR OPINION.
• GIVE POSITIVE DEFINITE ANSWERS where ever
  possible AVOID answers like I believe or I
  think
• THERE IS NOTHING WRONG WITH SAYING I DONT
  KNOW/REMEMBER

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• Do not EXAGGERATE or resort to BROAD
  GENERALIZATIONS
• If you have made a mistake CORRECT IT
  IMMEDIATELY. Say I want to correct something I
  said earlier
• STOP IMMEDIATELY if the judge interrupts
• DO NOT ASK the judge for advice
• ALWAYS BE POLITE even if the attorney is not.
• If you are feeling tired SAY SO

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TRICK QUESTIONS

• Have you talked to anybody about this case?
• Are you being paid to testify in this
  case?

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CROSS - EXAMINATION

• AVOID GENERALIZATIONS
• REMAIN CALM AND RESPECTFUL TO THE ATTORNEY AND TO
  THE COURT
• BE AWARE OF THE QUESTIONING DO NOT ANTICIPATE
• EXPECT THE HYPOTHETICAL QUESTION
• DO NOT VOLUNTEER ANY MORE INFORMATION THAN YOU
  HAVE TO
• DONT TRY TO BE CLEVER!!
• If the prosecutor has failed to ask you a
  question to elicit evidence which you consider
  important you can introduce this in cross
  examination. LOOK OUT FOR THE UNASKED FOR
  QUESTION

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MORE HINTS

• LISTEN CAREFULLY to objections by listening to
  the debate between the prosecutor and the
  attorney, you might get some idea of where the
  cross examination is headed to, so that, you
  can prepare yourself to answer.
• TAKE EVERY OPPORTUNITY to refresh your memory
  from documents, photos, affidavits, etc.

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CONCLUSION

• GIVING EVIDENCE INVOLVES
• PREPARATION BEFORE COURT STARTS
• LISTENING CAREFULLY
• STRIVING FOR CLARITY AND CORRECTNESS
• TELLING THE TRUTH AND NOTHING BUT THE TRUTH!!