Problem: You have a trial or hearing approaching, and you're terrified of testifying.

Solution: Learn the basics of being a good witness in this chapter.

Witness Instructions — How to Tell the Truth Convincingly

When you testify in court, you will, of course, tell the truth. You want to tell the truth in a clear and convincing way, not in a confusing and stumbling way. The purpose of these instruc­tions for witnesses is to help you testify so that your testimony is clear and easily understood.

Answer questions directly and simply. The best answer starts with a "yes" or a "no" (if the question can be answered "yes" or "no"), and then has one to three sentences of explana­tion. For example, "Yes, we have three children." "Yes, when we married, we put a down payment on the home; my parents loaned us $20,000, and the entire amount was used for the down payment."

Listen carefully to the question that is asked, and answer it. This is particularly true when it is the judge who asks the question. You may explain your answer, but answer the question. This is extremely important. If you don’t directly answer a question, the judge may think you’re lying or evasive, and it can destroy your credibility.

Do not worry about whether you look stupid. Just tell the truth, and do not make up answers when you are not sure of the answer. For example, if an attorney says to you in an indignant and shocked manner, "Didn't you read that before you signed it?!" if you did not read it before signing it, say so. Do not let the attorney's manner bully you into an incorrect answer. Do not let your fear of looking stupid push you into making up answers.

Do not guess. If your answer is an estimate or only an approximation, say so. It is okay to say you are making an estimate, but you should not just guess at an answer.

If you do not remember something, say, "I don't remem­ber." This is very important. If you are asked about doing something, and you do not specifically remember what you did, say so. You can offer to testify as to your usual practice, and tell the court this is what you are doing: "I don't remember what I did on February 27, but usually I go straight home from work, arriving about 6 PM." If you can remember the answers your attorney asks for but then pretend you don’t remember the things the opponent asks you on cross-examination, this will look fishy.

If you are asked who you discussed the case with, be honest and tell the court who you talked to. On the other hand, discussions with an attorney are privileged and confidential, and while you can say you talked to an attorney, you should not reveal what was said by you and by the attorney. Sometimes a lawyer will try to get around this by asking you, “Did anyone tell you ___?” Then you say yes. Then the lawyer asks who told you, and you say, “An attorney.” Only then does your lawyer know they should object on the basis of attorney-client privilege---and the cat is already out of the bag. Do not reveal anything that any attorney told you unless the judge orders you to do so.

In court if you are asked if you "know" something, this usually means you are being asked whether you personally saw or you personally heard something. If your answer is based solely on what someone else told you, say so. In everyday life people feel they "know" things that others have told them, but in court this is not what is meant by "know."

In court if a question has the word "all" or "none," you need to understand that this does not mean "almost all" or "hardly any." "All" means absolutely every single one with no excep­tions, and "none" means not even one single one. Be very careful about questions with "all" or "none" in them. When asked, "Is that all?" you may want to say, "That is all that I can think of right now." Do not say, "That's all he said," or, "Nothing else occurred." You may well remember other examples later.

Do not try to guess why you are being asked each question. Just focus on giving truthful answers. This is the best way to respond to tricky questions--with truth.

Do not discuss the case at all in the courthouse hallways, restrooms, or elevators. Do not discuss the case standing on a sidewalk near the courthouse. That nice lady near you may be your spouse’s lawyer’s secretary.

Do not put your hand over your mouth while you testify.

Do not chew gum,

You cannot allow yourself to get angry on the witness stand, no matter how insulting the questions you are asked may be. Some lawyers purposely make people angry because you cannot think as well when you are angry. Do not memorize your testimony.

Do not argue with the other party. Address your remarks to the judge, not to your spouse. The only time you will talk to your spouse is when you cross examine him/her.

How to dress in court

Do not wear anything that is sexy. A woman in court should never wear anything low-cut. Dress as your would for an important business appointment or for church, unless you are being asked to pay support, in which case you will want to dress more casually.