Generation Information About Legal Topics
Topic 117: What Will Happen If I Am Asked To Be A Witness?
(revised 9/97)

If you are called as a witness in a trial, there are several important things to remember. The most important is that you are sworn to tell the truth, even though it might not help the person for whom you are testifying. Once called to the stand, you must answer all questions asked of you. There is one exception: you cannot be compelled to answer questions which may subject you to criminal prosecution. If there is any doubt in your mind as to whether your testimony may tend to incriminate you, you should consult your own attorney - as far in advance of the trial as possible. This is especially so if you have been subpoenaed.

Don't memorize your testimony. A jury tends to doubt a witness who seems rehearsed. Stop instantly if the judge interrupts you or the opposing attorney objects. Listen carefully to the questions. If necessary, ask to have them repeated. Think before you answer, but don't take so long that it seems you're making up an answer.

You may, if you think necessary, explain your answer instead of stopping with a simple "yes" or "no." However, answer only the question you have been asked; do not volunteer information.

Remember always that while the opposing attorney may be polite while you are being cross-examined, it is that attorney's job to challenge your testimony and reliability as a witness. So, expect to be asked questions designed to test the accuracy and completeness of your recollection as well as your honesty. The opposing attorney may also ask whether you have talked with anyone about the case. If you have, don't deny it, otherwise the jury may doubt your word, since attorneys almost always interview their witnesses before going to court. When you answer "yes," to avoid any implication that you were told what to say, you can tell the full truth: that you have, indeed, talked with an attorney, someone involved in the case, the police - whoever - and that you have been advised only to give the facts as you remember them.

Testifying for a prolonged period can be tiring, and you might easily become nervous and confused. Be careful: when tired you may become careless and lose control, giving answers that damage your testimony.

Your conduct is important, too. The judge and jury will weigh your testimony by your actions and attitude. Dress conservatively in clean clothes. Don't chew gum. Stand straight while you take the oath and answer "I do," clearly. Sit up in the witness chair and speak loudly enough for everyone to hear you.

You are expected to show respect for both the court and the legal process, so do not gossip about the case anywhere in the courthouse. Look directly at the jury members when you testify, and speak to them as you would to a friend. Never exaggerate. And remember always to remain calm and tell the truth.


For The Public | For Educators | BAMSL Members | Member Directory | Join BAMSL | Contact BAMSL 

BAMSL 720 Olive, Ste. 2900, Suite 1400 St. Louis, MO 63102-2745
p: 314.421.4134 f: 314.421.0013