Testimony question

[PushinValue]

Took a class "intro to testifying". There was a section stating "direct your testimony to the judge or jury... This may be awkward, but address the judge or jury".

Is this correct??

First time on the stand. Boy was it awkward. I felt like a crazy person looking between the judge and the attorney asking the questions... Seemed to me I was supposed to look at the attorney, but that darn class was as clear as could be...

Please no responses from people who do not have court experience.

Thanks!

 

[DWiley]

Took a class "intro to testifying". There was a section stating "direct your testimony to the judge or jury... This may be awkward, but address the judge or jury".

Is this correct??

First time on the stand. Boy was it awkward. I felt like a crazy person looking between the judge and the attorney asking the questions... Seemed to me I was supposed to look at the attorney, but that darn class was as clear as could be...

Please no responses from people who do not have court experience.

Thanks!

For bench trials I would address the judge. For jury trials I would address the jury. For state board cases I would address the board.

 

[Tom4value]

Took a class "intro to testifying". There was a section stating "direct your testimony to the judge or jury... This may be awkward, but address the judge or jury".

Is this correct??

First time on the stand. Boy was it awkward. I felt like a crazy person looking between the judge and the attorney asking the questions... Seemed to me I was supposed to look at the attorney, but that darn class was as clear as could be...

Please no responses from people who do not have court experience.

Thanks!

yes, DWiley is right. I served once and it was after I was appointed Chairman of the ZBA in my town so I knew the reason. The reason for this is to prevent a dialogue between you and the attorney. The judge is the arbitrator of the proceedings and the jury is ultimately who decides the case. By directing your answers/comments to the judge or the jury is to speak directly to them. By talking directly to the attorney gives the impression that everyone else is out of the loop.

It helps you because the judge can keep tabs on the questioning.

 

[Terrel L. Shields]

In replying to a question from an attorney, I will be reading the face of that attorney. If asked a question by the judge, I will address the judge as "your honor". Many of the trials I have been involved in a sort of 3 way conversation going on. The judge often addresses the attorney, especially if the opposing counsel is objecting to the question. I am slow to respond so that I fully absorb the question and allow time for the attorney for my client to object.

All the jury trials I have been in were in the same courthouse and the jury is seated to the left and judge to the right. And the court recorder is just in front of the judge. That's who needs to hear you clearly. Clear speaking was really important in our federal bankruptcy court as there are a huge number of pending cases also in the audience and the room was large.

In a Little Rock courtroom once, it was large but other than the judge, bailiff, recorder, 2 lawyers, 2 defendants and 1 plaintiff, there were 4 appraisers. No one else. We all testified. I was on the stand for 3.5 hours. The most important thing is not to take it personally. Don't contend with them, don't argue or show anger. They will poke you more. I saw that happened to an appraiser in bankruptcy court once. The judge gave him what for because he was getting flustered with the attorney.

The Little Rock trial did not end until 7pm. As we walked out of the court, the man who grilled me like a rotisserie chicken and his appraiser (a friend of mine) and I went down the elevator and he said, "If I had known you even existed, I would have hired you and you'd never seen the light of this court." Later he called me about some mineral rights in Searcy and our mineral group hired him to bring up our incorporation papers. He was doing his job and did it well. And I had been warned that he was rather aggressive. He wanted me to break and get mad but I didn't. As for the outcome of that trial, there were originally 5 appraisers. One had to be at his daughter's wedding out of state. In the end, the judge took his value which was intermediate to the other 2 values. (I was only there to assert that the mineral rights did have value.)

 

[PushinValue]

It just felt very awkward. The judge was looking at the computer most of the time and the attorney seemed to be keeping strong eye contact with me... Just wanted to make sure the course work was correct. How often do we read "do x y and z" and when you get into the real world of appraising most of that goes out the door.

Thanks!

 

[Terrel L. Shields]

It just felt very awkward.

Again, I would argue you want to respond to who is talking to you like any other time. And yes, in bankruptcy court the judges always are looking at a computer screen and that's probably multi-tasking since they often have dozens of cases in a day.

 

[Tom4value]

For bench trials I would address the judge. For jury trials I would address the jury. For state board cases I would address the board.

It just felt very awkward. The judge was looking at the computer most of the time and the attorney seemed to be keeping strong eye contact with me... Just wanted to make sure the course work was correct. How often do we read "do x y and z" and when you get into the real world of appraising most of that goes out the door.

Thanks!

Yeah, it is not fun! The judge doesn’t care about you. The opposing attorney? Yeah.He/she was watching you like a hawk! Key is take all the time you need to think about what you say.

Be honest. A good lawyer never asks a question they don’t always know the answer to. Use that to your advantage. Lawyers are not appraisers. Know your sh..stuff!

 

[Alsie35]

Well, as I would tell my witnesses when I was a JAG prosecutor - look at me (or the opposing counsel) while being asked the question, but then turn towards the jury before you start talking and direct your answer to THEM (the triers of fact).

If its a judge-only trial, do the same thing - except turn to the judge before starting to answer and direct your answer to him.

These instructions work for direct testimony, but not so well for cross-examination, when your answers will tend to be shorter and of necessity directed at the counsel who is cross-examining you.