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. |