Tips for testifying in Court

[ffemt8978]

The following posts were taken from a conversation in the 100% Directionless thread, and are meant as a guide to those of us that get called to testify about something. They are not meant to be legal advice, and any such comments will be removed from this thread.

So I may wind up having to testify in court next week about an alleged murder call we ran 2 years ago.

Any tips or advice on what it's like? This is a first for me.

Reread the run report.

I was only ever expected to testify in a DUI case. When all of the prosecution witnesses showed up to court, the defendant plea bargained and we never even went in the court room.

Since it is not you being tried, just stick with telling them what you remember, don't make stuff up and don't come off as arrogant.

Actually don't rely on memory they will tear you a new one. Rely on what is written. When asked question answer based on the documentation this was what occurred.

1. Dress conservatively and moderately. Might cover up any tattoos or piercings.
2. If you can, review notes. You might be allowed to bring them with you but they may be taken as evidence. However, often better to rely on memory and admit when you do not remember.
3. Oh, yeah. If you do not clearly remember, say so. Never try to fill in the gaps or anything. If the info is important enough they wil ask again from anther angle and you might remember then.
4. "Yes, no, don't remember, don't usually do that", and direct answers without offering anything extra. No mugging.
5. Bring something to occupy your time, money for parking and food. Don't be hurt or surprised if you are not called on day1,2,3,etc.
6. Make sure you finish all paperwork and see if your employer will reimburse you.

If you still work for the employer that you worked for when the run occurred, there is a very high likelihood you will be reimbursed for your time. Check with them prior to going to court. Some employers will require specific things of you to be reimbursed for your time. They may also expect you to wear your uniform to court.

Make sure you get a copy of your report to go over. You should be allowed to keep it with you as a reference if/when you testify. As already mentioned, give clear, concise answers and don't volunteer any extra information.

I have been subpena'd several times, have met with the prosecutor to go over testimony, and wasted many hours in the courthouse. I have never actually had to testify though. Everything has always been settled outside the courtroom.

The danger of using the run report is that, if otherwise your recollection is dim, you are basically testifying what the report says, when the attorney may be trying to have you testify about what you remember you did, saw, etc.
On the other-other hand, sometimes you skim over it and your memory jolts back.

This is what I have found the report useful for. One of the cases I was supposed to testify about, I had absolutely no recollection at all about it, until I read my report. Then I was able to remember quite a bit about it. The report has most likely already been gotten and is a part of the case file, so they already know what it says. The other reason reviewing the report is helpful is if they start asking questions and then refer to it after you answer, as an attempt to either establish your credibility, or to dismiss it, it is helpful to know what it was that you did write.

Also, when either side asks you a question, don't answer immediately. Take a breath and then answer. It gives the lawyers time to object to the question, and you may not have to answer it.

Other than that, what has already been offered for advice is good advice.

The following comments were taken from another thread that was several years old.

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.

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.

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.

Feel free to add any others that you think are appropriate.

 

[mycrofft]

Brush your teeth.

 

[WuLabsWuTecH]

A very good review of the posts related this this topic!

 

[Achilles]

Brush your teeth.

I can top that!
Take a shower!

 

[mycrofft]

I can top that!
Take a shower!

If they can smell you from the witness stand, drink Lysol.:blink:

 

[Medic Tim]

Good info so far.


Be careful of how questions are worded. Some lawyers may ask more than 1 question in a sentence and end it as a yes or no .....trying to get (trick) you ito agree/disagree with both or more questions.

 

[mycrofft]

Remember spelling bees, if it's complicated ask for a repeat. If it seems you are being targeted to admit something that may be illegal, respectfully and looking pained, invoke your fifth amendment right against self-incrimination and ask for an attorney. Might not get the attorney right away but it will buy you time.
But, seriously, you will very-most likely not be going into a courtroom where you are being stalked without notice. Stay cool.

 

[exodus]

Should we sticky this, maybe BBG wants to stick it in article form? It would be a shame for it to get lost in the forums.

 

[ffemt8978]

Should we sticky this, maybe BBG wants to stick it in article form? It would be a shame for it to get lost in the forums.

I'll sticky it when I see it become more of an issue here.

 

[firecoins]

yell I object for no apparent reason and tell thm they cant handle the truth.

 

[mycrofft]

Uh, don't question the defendant or witnesses directly....:blush:
(I thought I recognized her).

?

 

[bigbaldguy]

Should we sticky this, maybe BBG wants to stick it in article form? It would be a shame for it to get lost in the forums.

Stick this

I'm on sabbatical


*runs gibbering back into the bushes*

 

[mycrofft]