Tips for court appearances

Appearing as a witness only is different than appearing as a defendant. Fortunately I have no experience with the latter, but more than I'd like as the former.

Here are few things I've learned over the years.

First, keep your answers direct and short. Listen carefully to the question, if you aren't sure what the attorney is asking, ask for the question to be repeated. Then answer as directly and briefly as possible without being unresponsive.

If you don't remember something say so. If there is a report written by you or your partner in evidence and you don't recall something, ask if you can look at it to refresh your memory.

When you are being asked a question, look at the attorney asking it. When you are answering a question, look at the jury. The lawyer, unless he is a complete idiot, knows the answer to the question he is asking. He is asking you to explain something to the jury so that they can include that information in their deliberations.

If you were called by the lawyer for one side, expect to be cross examined by the lawyer for the other side. THAT lawyers job is to impeach your credibility. He or she might bait you to get you to say something dumb that will make the jury think you are an idiot. Keep calm at all times, don't reply hastily. Keep in mind that you are a subject matter expert being asked to testify about something you are trained to do and do quite often.

Be polite to both attorneys and the judge. Especially the judge.

My agency's policy is that we testify in uniform, which the DA's like. It lends more credibility to our testimony.

If it's a criminal case and you are testifying for the prosecution, try to meet with the ADA before the trial. It's not always easy because ADAs, especially at the district court level are incredibly overworked.
 
One other thing that hasn't been mentioned is that before you answer a question from a lawyer, wait a second or two (take a breath) before answering. This gives the other attorney time to object to the question before you answer it.
 
A judge at a deposition? I've never heard of that. I've been to several deposition and it's always been an attorney for the plaintiff, an attorney for the defendant, me, and a court reporter.

Maybe it's an Indiana thing. Around here judges are way too busy to attend depositions.

Federal court in a multi-million dollar product liability lawsuit. I'm not sure if it was "technically" a deposition or a hearing but it wasn't open court with the jury present. I'm not a lawyer (nor do I play one on TV) so I am not 100% sure of what you'd call it. I was getting deposed so it was a deposition so far as I am concerned.
 
Talk to your service and see if there's a court liason you can get in touch with. I've been subpoenaed and the day of the trial they told me they didn't need me. Often times you can ask to be notified whether they really want you to come or not.
 
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