Last month’s article addressed 10 tips for being a good witness in a divorce hearing. Here are a few more tips for being a witness in court:

  1. Before you testify, picture the scene and try to refresh your memory.
  2. Neat appearance and proper dress are important. Don’t let your clothes distract from your message.
  3. Avoid distracting mannerisms. Stand upright, pay attention, and speak clearly. Avoid nervous habits, like leg shaking or playing with your hair.
  4. Don’t try to memorize what you are going to say.
  5. Be serious in the courtroom. Don’t make jokes or laugh if someone else does. Court is supposed to be a somber place with proper deference given to the seriousness of the issues.
  6. Speak clearly and loudly enough for the judge or jury to hear you.
  7. Listen carefully to the question. Don’t give snap answers. Understand the question before you answer.
  8. Explain your answer when appropriate. If you can’t answer with a “yes” or “no”, don’t feel forced to. Just say, that’s not a yes or no answer.
  9. Answer only the question asked. Don’t volunteer information. If someone asks you “are you wearing a watch?”, the right answer is “yes” or “no”. The wrong answer is “yes, and it is 10:30 am  on March 15, 2018.” See the difference?
  10. If your answer was not correctly stated or summarized, correct it immediately.
  11. Don’t give conclusions or opinions unless specifically asked. Stick to the facts. Let the Judge draw conclusions. Witnesses are in the fact-giving business. Judges are in the conclusion business.
  12. Use phrases that are accurate – “That is all I recall” versus “Nothing else happened”.
  13. Always be courteous, even if the lawyer questioning you isn’t.
  14. You are sworn to tell the truth. Tell it.
  15. If the judge interrupts you or a lawyer makes an objection, stop talking immediately. Wait for instructions from the judge.
  16. Give positive, definitive answers when possible. Avoid saying, “I think” or looking unsure about your responses.
  17. Try to not seem nervous.
  18. Do not lose your temper.
  19. If you don’t want to answer, avoid asking the judge “Do I have to answer that?”. It makes everyone’s ears perk up to listen and almost every time the answer will be yes.
  20. Don’t look to the lawyers for cues. You must answer what you know.
  21. Do not argue with the lawyer.
  22. Do not nod your head for “yes” or “no”. Speak clearly so your answer gets into the court reporter’s record.
  23. When walking to the stand, be confident – no smirk, smiles, or downcast look.
  24. If asked, “Have you spoken to anyone about this case?”, answer truthfully.
  25. Review these tips before you testify, so they are firmly implanted in your mind.

In conclusion, don’t feel like you have to be a perfect witness. Being a witness is stressful and everyone, including the Judge, knows it.

Hat tip to Cortney Harrison Bethmann and his article on AVVO 25 Tips for Being a Good Witness.