Tomorrow I have two hearings scheduled, and I will be conducting examinations-in-chief and cross-examinations to witnesses. I’d like to take this opportunity to give my readers a few tips about being witnesses.
First of all, if you are ordered to appear before a court or a tribunal, you must show up on time. In criminal hearings, a subpoena is issued; in civil ones, a summon. If you do not appear as ordered, a bench warrant may be issued for your arrest. You may then be found in contempt of court, and may face a fine or jail time, or both. Depending on the type of hearing you are attending, you may want to arrive early for the security check.
Besides being punctual, you should dress conservatively. Many lawyers tell their client to dress as if they were going to a funeral; I don’t think that’s far off the mark. I tell my clients to dress as if they were going to an interview for a job that they really want. By dressing properly, you show your respect to the court, and are likely to be taken more seriously.
On the witness stand, you give your testimony by answering the counsel’s questions.
In examination-in-chief, you answer open-ended questions as if you were telling a story; in cross-examination, you answer leading questions by answering yes or not. However, this methodology is not carved in stone. If you feel you need to explain your answers, you may do so, even in cross-examination. The counsel, unlike in the movies, may not stop you from explaining your answer if your explanation is relevant to the question.
Perhaps most importantly, you need to pay attention to what is being asked. In my experience, many witnesses go off track giving irrelevant answers because they aren’t paying attention to what has been asked. By going off track, you not only waste valuable court time, but also distract the court’s attention from the case.
You give your testimony under oath or affirmation. As such, you must tell the truth to the best of your recollection.
If you’re not sure what you’re being asked, ask for clarification. If you need some time to think, take a sip of water and pause for a minute. The worst thing you can do when testifying is to rush into an answer that is not true. A false statement spreads like a virus, and soon your entire testimony will be contaminated. Once you are caught giving inconsistent statements, you lose your credibility entirely. You may also face perjury charges if your answer is patently false or misleading.
Being a witness can be stressful and overwhelming. If you’re preparing to be a witness, I hope the tips above help you alleviate some of the anxiety you may encounter.
