Tips for court appearances

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lowrider_62

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I'm interested to know if there are any tips on court appearances, ie: what to say, what not to say, what to do, what not to do etc.

What were your experiences like.

I heard that the goal for the defence is to discredit you as a witness. Any truth to this?
 
Have you been served or something? If so, don't say anything on here. As for what to say or what to not say, you will need to consult with your/the services lawyer.
 
I went to court only once, about a stabbing case where we were flagged down on the street by a crazy mob of people. When we saw the fight, and the blood and knives flying with people running around with guns, we left immediately.

I was driving, so I had no details other than the general image of a couple of guys running around with what looked like guns just from the way they were holding their hands. Someone was trying to get me to be sure of that, so that the guy who stabbed the guy could say he did it in self defense.

I very carefully avoided being certain, because I wasn't, and very professionally let the lawyer know that while I had a general impression that was strong enough to make me want to leave the scene immediately and wait for PD, I couldn't be sure who I had seen or what they were carrying.

I was so surprised that I made it all the way to court, since I was a total non-witness, but whatever.

My advice: wear your best uniform. Shine your shoes, get a haircut, put on that silver nametage you never wear. Speak respectfully, and don't let anyone get you angry. Tell the truth without embellishment or speculation. Sit up straight and keep your hands in your lap...represent all the other medics in the world well. Practice your public speaking, and speak strongly and clearly so people can hear you.

ETA: And that's just manners and deportment advice, not legal advice. Definitely check with whatever lawyer is in charge of you before you go in.
 
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Always listen to what ever lawyer is representing you and never offer any extraneous explanations. Stick to the questions and the facts. You won't go wrong.:P
 
Thanks for the replies.

No, there is nothing on me.

I was watching the paramedic testifying for the David Bain trial on Youtube and he was saying things that I thought shouldn't of been said. I could just imaging how uneasy it would be for someone in that situation.
 
lowrider_62 said:
Thanks for the replies.

No, there is nothing on me.

I was watching the paramedic testifying for the David Bain trial on Youtube and he was saying things that I thought shouldn't of been said. I could just imaging how uneasy it would be for someone in that situation.
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I know quite a bit about the case you are refering to.
I'm not sure if you are from New Zealand or not lowrider_62?

Having been on this site for awhile, I've learnt that the EMS in the US do not disclose much to the LE. I assume this is because you have much more chance of being sued in the States.
Something that I've never really fully understood, because if someone is breaking the law, they should be made accountable, regardless if they are injured or not.

Ambulance, Police and Fire work very closely here in New Zealand (at least in the rural areas they do).

Also the trial of David Bain was for the murder of 5 family members.
The Paramedic's interviewed were under oath to tell everything that they witnessed,which is what they did.

It was a very complex trial indeed and having to have the re-trial years later, would have been very hard for all the emergency workers to have to go through again.
Not too mention the millions of dollars it cost the New Zealand tax payers!

Just hope you never have to face anything like that in your career, if you have one or plan one, with EMS!
 
Something that I've never really fully understood, because if someone is breaking the law, they should be made accountable, regardless if they are injured or not.
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I think it depends. Murder isn't the same as a drunk 20 year old or a patient with a joint of demon-weed.
 
Try to get in the statement "It depends on what the meaning of the words 'is' is", always gets a laugh from the jury.
 
Try to get in the statement "It depends on what the meaning of the words 'is' is", always gets a laugh from the jury.
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One of the last times I testified (as an expert witness), the defendant's attorney was fined for contempt of court for persistently badgering me after he was told to knock it off by the judge. Lucky for the defense attorney, it was just a deposition so there was no jury present. LOL
 
usafmedic45 said:
One of the last times I testified (as an expert witness), the defendant's attorney was fined for contempt of court for persistently badgering me after he was told to knock it off by the judge. Lucky for the defense attorney, it was just a deposition so there was no jury present. LOL
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Badgers?
 
Jury members are human

My father is a med-malpractice defense attorney and, over the years I've learned a few things.

First: Work with your lawyer, especially before the deposition. Ask him if you can run through some practice questions until you're completely comfortable. Take all the time he'll give you. You don't want to say something in deposition or on the stand that you wish you could take back because you weren't prepared. Like you hear all the time on those TV court shows, "You can't un-ring a bell."

Second: KNOW YOUR CASE. Know your patient(s), what you did, what they're going to say you should have done, etc. Review your run ticket, med list, any discharge summaries (if applicable), any doctor's notes (if applicable), patient medical history, etc. You want to appear that you know this patient and this case. Remember, they're trying to prove that you did not meet the standard of care that a similarly trained medical professional would have provided.

Third (AND MOST IMPORTANT): Do you know the most expensive mal-practice insurance rates? It's OBGYN. Why not neurosurgery or trauma surgery or emergency medicine with much more critial patients and higher mortality rates? The answer is because in OBGYN lawsuits, a cute, little baby died and you killed it. What I'm getting at is that juries are made up of peers; they're human beings with human emotions. They feel bad for the "cute, little baby" or whatever the equivalent is, but if you appear professional, knowledgeable, calm, and honest, these human beings will respond to that. Keep your answers short. You don't want to seem callous or thoughtless. You don't want to seem like your talking down to them. You want to seem like you did everything you could for your patient(s). Everything else is in the hands of your lawyer.

Best of luck. And P.S. As this is an international forum, I will admit this is based off the American Judicial System, I have very little knowledge of the systems of other countries.
 
Good advice already

"Yes, no, I don't remember, I don't know, it is my habit and practice to.....": OK. A trailing sentence with raised eyebrows and without a question receives no reply.
"I think", "They say", "Everyone knows"....NO NO NO NO.
 
abckidsmom makes some great points. I would warn you though, unless your service has a very nice "dress" uniform (like nice as in a firefighters dress uniform or USN dress blues, very nice.) then forgo the uniform and wear a nice suit. My service doesn't have a dress uniform. If I ever get called in, I can tell you I won't be showing up in BDUs, spit polished boots and a white button-down short sleeve. I'll be in a suit and tie. Unless whatever I did was really bad. Then I might be in an orange jumpsuit...like Mr. Brown wears...kind of. :rolleyes:

As for what to say, my mom spent 7 years as a JAG with the NLSO Mid Atlantic and NLSO Southeast as both a prosecutor and a defense counsel and another 5 years in the federal court system as a judge's assistant, she says the single biggest thing most judges hate (from the defendant at least) is bad/unpleasant/other than near perfect manners. Use common sense, be certain of what you say, be confidant, don't be afraid of saying "I don't know", be respectful to everyone whether they are in authority or not...stuff like that.
 
mycrofft said:
it is my habit and practice to.....":
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That quote was repeated often during my school's med mal lectures. The cliche about "If it isn't written it wasn't done" isn't 100% accurate and "habit and practice" is the fall back position.
 
Answer only the question that was asked with as few words as possible.

Do not embellish the details, if there was blood on the floor, say there was blood on the floor, don't say "There was so much blood on the floor that my partner slipped in it and landed on his fat ***."

Don't get into a battle of wits with the lawyer, you're on his turf and he will win.

Don't take anything personally, you may think the cross examining lawyler is out to get you, but he couldn't care less about you, he's watching out for his client. If you start to get offended by his questioning he will pick up on it and keep picking at that until you blow your lid.

If you don't know the answer to a question, state "I don't know" Don't guess, don't "think". If the lawyer asks you if the door beside the victim was open or closed and you don't remember, then say it because giving an answer with a 50-50 chance of being right means you'll be wrong half the time.
 
usafmedic45 said:
One of the last times I testified (as an expert witness), the defendant's attorney was fined for contempt of court for persistently badgering me after he was told to knock it off by the judge. Lucky for the defense attorney, it was just a deposition so there was no jury present. LOL
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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.
 
Good info here. A lot of people don't consider these things until the subpoena arrives.
 
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