Courtroom Testimony

Preparation Before Court

Preparation Before Court

• Review notes and reports beforehand

• Have a legal knowledge of the case

• Bring notes with you to court

• Bring exhibits with you to court

• Wear appropriate attire

Demeanor in the Courtroom

Demeanor in the Courtroom

• Arrive in advance of scheduled time

Demeanor in the Courtroom

• Give that good first impression

Demeanor in the Courtroom

• Taking the oath

Demeanor in the Courtroom

• Present a modest demeanor and display a sincere interest in accuracy and truth of statements.

Demeanor in the Courtroom

• Avoid showing irritation and anger.

• Maintain self control.

Time to Take the Witness Stand

Time to Take the Witness Stand

The first question will always be the same…

Time to Take the Witness Stand

The first question will always be the same…

“Please state your name.”

Time to Take the Witness Stand

Speak loudly and clearly

Tell the Truth

Testify from your own personal knowledge or observation

Listen to the Question

Answer only the question

It’s ok to say “I don’t know”

Truthfully give approximations

Do not hesitate to acknowledge an error and correct it

Be calm, courteous and consistent

Do not volunteer unnecessary information

Permit yourself to be protected

How to Handle Cross Examination

Objectives of Cross Examination

• To weaken, qualify, destroy the case of the opponent

• Establish party’s own case by means of opponent’s witnesses

Common Cross Examination Techniques

• Mispronunciation of your name

• Standing close to witness

• Dwelling on insignificant details

• Rapid fire questioning

Common Cross Examination Techniques

• Flattery / Friendly

• Repeating the same question

• Long periods of silence

• Alleging or insinuating contradictions by other witnesses

Common Cross Examination Techniques

• Have you discussed the facts of the case?

• Inviting argument

• Misleading the witness

• Condescending

Refreshing Recollection:An exception to the hearsay rule

• If witness once knew something but cannot recall it during direct examination, the trial court may allow the witness’s recollection to be refreshed by reference to the police report.

Refreshing Recollection

• 1st show that the witness has knowledge but cannot recall facts.

• 2nd show that the witness needs to use a writing to revive his memory. (Writing need not be written by witness.)

• 3rd witness is now able to testify independently of writing.

Recorded Recollection

1. Witness once had personal knowledge of the matters recorded.

2. Record sought to be admitted was made by the witness at or near the time the events occurred.

3. Record is accurate and trustworthy account of events it describes.

4. Witness lacks current recollection of the events in question.