Testifying in court - what to expect

[wolfie]

I've received a subpoena to testify as a witness for the state against the guy who changed lanes into the side of my truck. Anyone out there know what I should prepare for when I testify?

[Soulstealer]

Don't lie and answer only what is being asked of you. I would also advise you to contact the lawyers who subpeonaed you. They have experience with questioning witnesses and can give you beter advice.

[taxguykarl]

Just the facts--no speculation.

[fireheart]

Just the facts--no speculation.

Yup, channel Joe Friday. "Just the facts"

If your state court system has a website, use it. They will have information on there around "coming to court" particularly in relation to dress and conduct.

In the meantime, here is the webpage from my home state around coming to court.

If you are not Christian, or do not wish to be sworn in using the Bible, make sure that you make this clear BEFORE you testify.

[Dytchdoctir]

If you are questioned by the guy's attorney:

1. LISTEN carefully to the question.

2. Truthfully answer the question that was asked.

3. Don't say anything else.

4. If the question is convoluted or confusing, just say, "I don't understand the question." The attorney will rephrase.

5. Don't try to be funny or a smart-ass, the judge won't like it.

6. "I don't know." is an acceptable answer (providing that is the truth).

[Sapphire Silk]

Don't lie and answer only what is being asked of you. I would also advise you to contact the lawyers who subpeonaed you. They have experience with questioning witnesses and can give you beter advice.

The subpoena should have information on meeting the prosecutor the day of the trial. For something simple like this, this is all you really need. If they needed to depose you they would have done that already. You'll probably meet with the prosecutor right before the case is called and he'll go over how things should go.

DO NOT talk to the defense attorney if you are a witness for the state. Call the prosecutor and ask him what to do first. Do not speak to the defendant. Do not discuss your potential testimony with anyone.

Expect the defense attorney to try to trip you up on the stand. He will probably try to nit pick details and rattle your memory of what happened. He will try to make you doubt your own story and your own memory of what happened.

Be firm about what you did and what happened. Don't editorialize, and don't include personal opinions. Stick to the facts, and always always always tell the truth.

Try not to add a lot of detail. Answer only the question that has been asked. You will not be asked the questions you think should be asked. Don't try to insert information; it will just trip you up.

If the defense attorney badgers you, the prosecutor should object and put a stop to it.

It shouldn't last all day. A case like this is very simple, so it should go quick. You'll spend time waiting around because courts are often running behind. If you're lucky, the defendant will accept a plea bargain right before the trial begins. That happened to me in a DUI case; the defendant saw me in the court room and took a plea then and there.

[EricKei]

What they said -- Plus a definite second on the notion of contacting the attorney on your side to ask about expectations, general advice, and recommended dress code. He may advise you to go up (or even down) a step in terms of clothing/language formality, based on the judge and the venue. Very important is to keep whatever you say consistent, and keep cool & calm on the stand -- The opposing attorney's job is to trip you up and look for inconsistencies (it's nothing personal).

[Mytical]

The above posts cover everything I could think of to help prepare. I would add one thing, but it is not about testifying. When you reach the place you are to testify in, go into a restroom. Look at yourself in the mirror, and take a few deep breaths to calm any nerves. Then remember, if the guy ran into you, you have done nothing wrong. Do the breathing exercise, and keep reminding yourself that until you are completely calm. Walk out with your head high, shoulders back. You will do fine.

[Kit-Ginevra]

Don't waffle or wander about in your answers.They will not be interested in what you had for breakfast or what you were watching on telly the night before unless it has a direct bearing on the case.

Think Judge Judy-if you are asked 'What date did this happen'-then 'October 8th' or 'February 23rd' is a suitable answer.Well,it all started because her brother doesn't like me and it's my fault he got evicted.... *off into random story*...is not