A witness’ guide to credibility: what to know and what to avoid when testifying in Court.

Testifying in Court can be a very stressful experience for any individual, this is especially so for people accused of crimes. No matter how confident you may be in your innocence, or how insignificant you may consider your evidence, the proceedings are intimidating. The Court is set up in a way that the witness is in the most prominent position, before many people, and being carefully scrutinized on every word they say. To anyone anxious of public speaking, testifying in Court is one of the worst experiences imaginable.

Fortunately, with proper preparation and understanding of the procedures, expectations, and limitations of the examiner, your experience as a witness need not be dreaded. To assist witnesses who will testify before a Court, I have compiled a helpful summary of the things one ought to know before testifying.

DISCLAIMER: None of the tips set out below can properly substitute for having dedicated legal counsel to advise you on the specific facts relating to your testimony; nor should this summary in any way substitute for retaining legal counsel in any legal matter. Representing yourself without specific legal advice is invariably detrimental to your interests and the importance of obtaining proper legal counsel cannot be emphasized enough. This article is for informational purposes only and as a helpful guide to some (not all) aspects of credible testimony. The author assumes no liability for any reliance an individual may have on this or other articles written and any capacity.

Things to remember when testifying in Court.

Your appearance is almost as important as what you have to say. Wear clean clothes in court and dress conservatively. Do not over-dress or under dress: speak to you lawyer for more clarification but you should dress as you would for a holiday dinner, church, or a casual job interview

Be calm. Avoid answering questions in a hostile or argumentative manner; often counsel is trying to instigate you to do so and therefore when you lose your cool, they have achieved their objective.

Be prepared to confront with difficult, and harmful evidence head on and not to avoid, minimize, or deflect the issue. For example, if you were convicted of a criminal offence, just admit it. Do not say anything like “But I just plead guilty to get it over with” or “I plead guilty because my lawyer told me to.” People who say such things can come across as someone who is willing to lie or deceive the Court to get out of a difficult situation.

Try to avoid language that might be easily misinterpreted. If your answer is unclear, the opposing side may exploit that. If you are unsure, say so, but do not use language that allows for misunderstandings about what you really believe or remember.

You should stand up straight when taking the oath and when affirming or swearing say, “I Do” clearly.

Remember to sit up straight in the witness chair and be careful not to slouch or lean on the stand.

Speak frankly, openly, and naturally, as you would to any friend or neighbor in a more formal setting.

Testify in a confident, straightforward manner.

Speak loud enough to be heard and slow enough to be understood.

Listen carefully to the question asked, think about and answer the question, and answer it directly and succinctly.

Listen carefully to the questions asked of you. Just answer the question asked and do not volunteer anything. You are entitled to explain your answer if necessary. You do not always have to answer yes or no if an explanation is necessary.

You may ask that the question be repeated if you didn’t hear it, or if you need the question to be clarified.

Respond directly to the question asked without argument.

Answer “I don’t know” or “I don’t remember” if you don’t know or can’t remember.

Correct your answer immediately if it was wrong. If you realize you are mistaken later on, ask to return to the question that brought upon the mistake.

Be polite to all lawyers, including the lawyer on the opposing side, and to the Judge.

Be candid. It’s much better to admit you were angry, mad or jealous (as normal people become) than to portray yourself as a saint or devoid of emotion in situations when one would expect such a response. Failing to admit the obvious is often more damaging than admitting the emotion you were feeling.

Never look at your lawyer or the judge for help answering a question.

When you leave the witness stand after testifying, look confident, and not downcast or defeated.

Be confident in your testimony and evidence. Juries look to subtle cues and are interpret weakness or insecurity as signs of guilt. Confidence, not arrogance, is essential to proper courtroom behaviour.

Be prepared. Testifying is not something where you can “wing it”. A good examination will typically require many hours of preparation by your lawyer for questioning both in chief, and cross-examination.

Above all, tell the truth.

Things to avoid when testifying in Court.

Do not memorize what you’re going to say: it will come across and forced and contrived notwithstanding it may be the complete truth

Do not put your hand over your mouth. Do not speak softly. You should speak loud enough so that everyone in the Court can hear you.

Do not have anything in your mouth such as gum or candy.

Don’t get distracted or show your boredom. Courts can be boring and tiny distractions are amplified in their annoyance. Therefore, do not do anything that draws attention to yourself or is distracting such as playing with paper, a pen, or tapping on a desk.

Do not answer questions not asked of you or or continue speaking after giving your answer. Long winded answers can appear evasive, particularly if they do not answer the question.

Be respectful, but do not let the opposing counsel take control of the situation. If they are speeding you up, you are entitled to slow down; if they are suggesting answers, you do not have to agree; if they are cutting you off, you are permitted to answer as you see fit.

Do not ask the judge if you have to answer a question you find distasteful. Your lawyer will object if a question is improper. If they don’t object, you can assume it’s a proper question and you have to answer.

Do not guess at an answer, or provide an answer based on what someone else told you. Stick to the facts, not hearsay, conclusions or opinions. You usually cannot testify about what someone else told you or you have heard.

Don’t be afraid to admit honest mistakes.

Avoid being overly casual. This is a serious matter so avoid laughing and talking about the case in the halls, restrooms, or any place in the courthouse. Always be aware that the jurors, lawyers, police, or other justice participants may overhear and see you at any time.

Don’t be afraid to address the jury when you are answering your questions.

Don’t let mistakes linger. If your answer was wrong, correct it immediately and if your answer was not clear, clarify it immediately.

Don’t be shy if you need clarification. If you don’t understand the question, say so and ask that it be repeated.

If a lawyers asks you if you have talked to anyone about this case – that may be a trick question – tell them the truth. If you have spoken to your lawyer, other witnesses, police, or even other people, be honest. It is ok to discuss the case as long as you are not colluding on your evidence or subject to a witness exclusion order to not share your testimony.

Do not answer a question if there is an objection. If a lawyer objects to a question, do not answer until the judge rules on the objection. If a judge sustains an objection, this means that you do not have to answer the question. If the judge overrules an objection, this means that the question must be answered. If you have forgotten the question by that time, you can ask it be repeated.

Don’t guess. If you don’t know the answer to a question, don’t let that get you nervous. Simply say, “I don’t know.”

Don’t use the phrase “honestly…” or “to be honest” in answering your questions. For example:

Q: Sir, I am going to suggest you were there the evening that night of the murder.

A: To be honest sir, I wasn’t.

Simply state the answer. For example, “No, that’s false. I wasn’t there.”

The most important rule of all when testifying as a witness:

The most important rule is that “rules are only guidelines.”

As helpful as all these tips may be, a trial is a dynamic and unpredictable event that often requires one to vary from these rules. Only experienced legal counsel can advise you on the specifics of your case and ensure that your rights and interests are protected.

Speak to your lawyer, or call our firm for more information on how effective preparation for trial can assist you with your litigation.