Liznindy;
Here are a few suggestions for court testimony; I hope they are of some use to you.
Wear something neat and presentable that makes you look professional, and most importantly makes YOU feel confident. First impressions do make a difference in the way you are perceived.
Make sure you hear the entire question being asked. Sometimes attorneys talk too fast, mumble, talk to their notes, etc. Do not hesitate to ask the attorney to restate the question. Never answer a question you haven't completely heard.
Make sure you understand the question. Some attorneys use words no one, including themselves, understand. They will sometimes use poor grammar, including multiple negatives. This makes for a question that is difficult to understand. If you do not understand any question, or any part of it, do not be afraid to ask the attorney to rephrase the question.
Do not guess. Court testimony is not a conversation, where you can politely agree with someone you do not understand, with no consequences. Nor is it a debate, where you try to convince the other attorney that your position or case is correct. Your only job is to answer questions asked of you. You can only answer a question if you KNOW the answer. And if you do not KNOW the answer, you cannot truthfully answer it. Guessing will weaken your testimony faster than anything else. DO NOT GUESS OR SPECULATE.
Do not volunteer information or documents that have not been asked of you. Most people get nervous during testimony, and react to this nervousness by being overly cooperative. This is not your job here. Your only job here is to answer questions. If you think there is something that should be added, your attorney will probably ask it during the re-cross. Don't try to do your attorney's job.
Do not lose control of your emotions. If you get mad or upset, you will lose your credibilty. The other attorney does not hate you. They are just doing their job. I have many friends who are attorneys, and some of them have attacked my credibility and competence in court, after which we share a good laugh and cash our checks. It's just a business for us and them. Keep that in mind. If the other attorney does go too far, your attorney will step in for you. Let him yell at the other attorney. Again, don't try to do his job. If you do get emotional, take a deep breath, or ask for a break. There is nothing wrong with this; it's done all the time. And it will hurt your credibility less than losing control!
Do not try to explain or correct out of context statements. If you are asked a loaded question that results in an undesirable answer, just give the answer. Your attorney will give you the opportunity to explain the answer later.
Tell the truth. And don't say "I'm telling the truth!" to underscore the honesty of what's being said. People tend to discredit those who use phrases indicating degrees of honesty.
Watch out for Trick Questions:
1. "Are you telling me under oath....."
Of course you are. Everything you are saying is under oath.
2. "Have you talked with your lawyer about your testimony?"
Answer- "Yes. He told me to be prepared and to tell the truth."
3. "Would you agree that....."
If asked a question like this, be very careful. The other attorney is not going to ask you to agree with something that supports your position.
4. "Tell me everything about......."
This is going to be a vague question, fishing for something to attack. Ask the attorney to be more specific.
Remember, these are just people you are talking to. One of them had diahrea last week. One of them has a deadly fear of moths. One of them got drunk in college and puked on his pants. Don't be intimidated.
