Custom Search

The following content is considered nonlegal and nonbinding OPINION only, and does not legally assume any entity is responsible for the accuracy of any facts that may seem to be presented by any entity. Rather this is meant to be a starting point of research into the facts or truth. The standard of the reasonable person should be assumed with regard to any possible research into the facts or truth!

Testifying Testifying

Jurors take a dislike to stateís witnesses often who received favors in exchange for testimony.

Not testifying can prevent advancement on a job or staying in a job, especially a government job because it can be the ultimate responsibility.

Allowing the evidence to guide testimony as true, accurate, or genuine can help clarify testimony.

Likeability and clarity can be an important element of a great witness by depersonalizing and NOT APPEARING ARROGANT.

Any person who can explain something simply, and well, can be an expert witness.

Think before you speak and tell the truth!

Try to avoid work related jargon or slang.

Exceptions to testimony can be: argumentative or inflammatory; asked and answered; best evidence rule; calls for speculation; calls for a conclusion; compound question or narrative Hearsay; lack of foundation; leading question; privilege; Vague; ultimate issue testimony; or a non-responsive answer.

Irrelevant, immaterial, incompetent are NOT proper objections because the term incompetent is meaningless and the words irrelevant and immaterial have the same meaning under the Federal Rules of Evidence.

However, almost all testimony, including hearsay, can be admitted under the state of mind exception.

Speak clearly and loudly because the media judge, jury, court reporter, clerk, interpreters, attorneys and clients must hear your answers.

Explain estimates and how they are derived carefully.

Read documents slowly so the court reporter and the jury can understand, remember, and record your testimony and use common language.

Avoid mumbling, covering your mouth, resting your chin on your hand, or appearing evasive while giving your responses.

Do NOT to volunteer information, quickly jump to a conclusion, blurt out answers without thinking, or listening to the question.

Wait for an objection, or make an attempt to signal the attorney to object or object yourself.

Have appropriate reactions upon cross examination.

Be serious and DO NOT MAKE JOKES.

Appropriate appearance and proper dress are important.

Leave the stand with confidence, knowing that you have presented the truth to the best of your ability.

Only ask the attorney for help when it is reasonable or necessary.

Consider having a signal when a recess is needed.

Longer answers may be directed to the jury or the judge.

Seek clarification of unclear questions.

Yes, No, approximately, I do not know, I do not remember are common answers.

Do not immediately accept any fact included in a question to avoid being tricked into false testimony.

It is allowable to correct errors in your testimony.

Stop talking if your testimony is interrupted.

Take time to review documents before commenting on them.

80 % erred as eye witnesses got 25% facts wrong.

20% forgot news of their serious illness within a few days.

A lay person often exceeds the knowledge and skill of a lawyer in complex matters, and that often a judge or jury does not properly award damages, but those in the know often understand that damages should be much larger than the general public understands in complex technical matters. IN FACT, LAYPERSONS ALSO KNOW AS PRO PERS OFTEN WIN THEIR APPEALS, and at least one Pro Per has won more appeals than many lawyers. Most lawyers do not file complex cases. Most law practiced by most lawyers is simplistic.Testifying in court can be risky!