Tips for Testifying

Before you Testify:

REFRESH YOUR MEMORY
Before you testify, try to picture the scene, the objects there, the distances and exactly what happened. This will assist you in recalling the facts more accurately when asked a question.   Review any notes, documents, etc. that you may have which will refresh your memory of how your injury occurred, who you notified of your injury, when you notified your employer of the injury, and what medical treatment you have had. 

APPEARANCE IS IMPORTANT
A neat appearance and proper dress in court are important.  First impressions are important, and dressing appropriately demonstrate your respect for the judge and the proceedings.  It is not necessary for you to wear a suit, but ensure that your clothes are clean, unrumpled, without holes or stains, and do not display any vulgar or potentially offense statements. 

BE A RESPONSIBLE WITNESS
When you are in the hearing room be serious and respectful to the judge, court reporter and the other attorney.  

When you Are Testifying:

BEING SWORN IN AS A WITNESS
When you are called to testify, you will first be sworn in. When you take the oath, stand up straight, pay attention to the judge, and say " I do" clearly.

SPEAK CLEARLY
Present your testimony clearly, slowly, and loud enough so that the judge and court reporter can easily hear and understand everything you say. Do not nod your head for a "yes" or "no" answer. Avoid distracting mannerisms such as chewing gum while testifying. Although you are responding to the questions of a lawyer, remember that the questions are really for the judge’s benefit.

TELL THE TRUTH
Most important of all, you are sworn to TELL THE TRUTH. Tell it. Every true fact should be readily admitted. Do not stop to figure out whether your answer will help or hurt either side. Just answer the questions to the best of your memory.

SPEAK IN YOUR OWN WORDS
Don't try to memorize what you are going to say. Doing so will make your testimony sound "pat" and unconvincing. Instead, be yourself, and prior to trial go over in your own mind those matter about which you will be questioned.  When responding to questions use appropriate language, avoid using slang or professional jargon that the judge may not understand.

LISTEN CAREFULLY TO AVOID CONFUSION
When you are first called to give testimony, you will first be asked questions by the your own attorney.  The questions asked are for the purpose of "direct examination."  When you are questioned by the opposing attorney, it is called "cross examination." This process is sometimes repeated several times in order to clearly address all aspects of the questions and answers. The basic purpose of direct examination is for you to tell the judge your story, including how you were injured and what medical treatment you needed as a result.  The basic purpose of cross examination is to raise doubts about the accuracy of your testimony, including the nature and extent of your injuries. Don't get mad if you feel you are being doubted during the cross examination. The defense counsel is just doing their job.

THINK BEFORE YOU SPEAK
Listen carefully to the questions you are asked. If you don't understand the question, ask the attorney to repeat it or clarify what information they are seeking.  DO NOT GIVE AN ANSWER WITHOUT THINKING. While answers should not be rushed, neither should there be any unnaturally long delay to a simple question if you know the answer.  If you do not know the answer to the question, it is ok to respond by saying “I don’t know.” Admitting that you do not know something will often enhance your credibility. –

DO NOT EXAGGERATE
Don't make overly broad statements that you may have to correct. Be particularly careful in responding to a question that begins, "Wouldn't you agree that…?" The explanation should be in your own words. Do not allow an attorney to put words in your mouth.  It is ok to disagree with the attorney, although it should be done in a respectful manner. 

EXPLAIN YOUR ANSWER
Explain your answer if necessary. Give the answer in your own words, and if a question can't be truthfully answered with a "yes" or "no," it's O.K. to explain your answer.

CORRECT YOUR MISTAKES
If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it immediately. It is better to correct a mistake yourself than to have the attorney discover an error in your testimony. If you realize you have answered incorrectly, say, "May I correct something I said earlier?" Sometimes witnesses give inconsistent testimony - something they said before doesn't agree with something they said later. If this happens to you, don't get flustered. Just explain honestly why you were mistaken. Judges, like the rest of us, understands that people make honest mistakes.

DON'T SET YOURSELF UP FOR ERROR
Unless certain, don't say "That's all of the conversation" or "Nothing else happened." Instead say, "That's all I recall," or "That's all I remember happening." It may be that after more thought or another question, you will remember something important.

DO NOT VOLUNTEER INFORMATION
Answer ONLY the questions asked of you; if possible, giving exact times, dates, and numbers. Events should be described step-by-step, rather than through narrating long stories. Do not volunteer information that is not actually asked for. The judge is interested in the facts that you have observed or personally know about. Therefore, don't give your conclusions and opinions, and don't state what someone else told you, unless you are specifically asked.

BE POSITIVE AND CONFIDENT
Give positive, definite answers when at all possible. Avoid saying, "I think," "I believe ," or "In my opinion" if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember. If you are asked about little de tails which a person naturally would not remember, it is best just to say so if you don't remember. Don't make up an answer.

DO NOT -LOSE YOUR TEMPER
Keep your temper. Always be courteous, even if the lawyer questioning you appears discourteous. Don't appear to be a "wise guy" or you may lose your credibility and the judge’s respect.

OBJECTIONS BY COUNSEL
Stop speaking instantly when the judge interrupts you, or when an attorney objects to a question. Wait for the judge or the attorney to tell you to continue before answering any further.