Tips for Testifying

2022-03-31 Tips for Testifying

Tips for Testifying

1. Always tell the truth, even if it hurts. If you don’t, it is sure to come back on you in some way. When you get caught in a lie, even a “small” lie, it forever hurts your credibility in the eyes of that judge. If you are asked a question and you honestly don’t know the answer, it is okay to say you don’t know or don’t remember. Don’t try to make something up or guess the answer.
   
2. Don’t be afraid to admit you didn’t hear or understand a question. Most lawyers love the sound of their own voice, so chances are they won’t mind repeating what they have said.
   
3. Stop talking when someone says, “Objection.” The judge will tell you whether to answer the question.
   
4. Dress and look appropriately. Wear formal, conservative attire (think – job interview clothes). Keep jewelry or accessories to a minimum. Make sure your hair looks well-kept and presentable.
   
5. Body language is key. Stand and sit tall in the courtroom. Your body language can exude confidence or weakness. Do not make faces or non-verbal cues while testifying or while someone else is testifying. Don’t roll your eyes at something the other party says, no matter how inaccurate it is. There will be thigs said about you that you disagree with, upset you, or anger you but you cannot let that show in your body language.
   
6. Be respectful in the courtroom. Give the court the respect it deserves by addressing the Judge as “Your Honor” and looking at them when they speak. Do not speak while someone is testifying as it makes it difficult for your attorney to hear what is being said and can appear rude. If you have something you need your attorney to know, consider writing it down to show them later. Do not interrupt someone while they are asking a question, always let them finish their question before you answer. When answering yes or no questions, make sure to say “yes” rather than yeah or uh-huh. You cannot answer a question by nodding your head. The court is making an audio recording of the entire hearing, so everything needs to be heard on the recording.
   
7. Stay Calm. The opposing attorney is going to say things that upset you and they may intentionally try to get you worked up, so you come across as angry or unreasonable. Stay calm. Always. Be neutral and calm in your responses, don’t get upset or come across as sarcastic or rude.
   
8. Review and make notes. Prior to court, review the exhibits your attorney has prepare and also the exhibits the other attorney has prepared. Make notes if there is something you think is important for your attorney to point out or address. Be prepared and know the facts. If you don’t your testimony may come across as inaccurate or less credible.
   
9. Practice. Practicing your testimony is key. You will practice testimony with your attorney, but it may also be helpful to practice at home in front of a mirror or with a friend, just to get more comfortable answering questions and thinking on your feet. Sit in front of a mirror or get a friend to help you go through some practice questions.

Final Thoughts. No one is comfortable on the witness stand. However, you should never feel alone on the witness stand. Your attorney is your ally. He or she will help jog your memory when you get lost and try to guide you back when you go astray. You are not alone.