Good Witness

The Basics of Being
A Good Witness in Court




























Prepared by the office of:
John A. Leopard, Attorney at Law
4 East Executive Park, Suite 004
Atlanta, Georgia 30329
(404) 636-1616 – Telephone
(404) 636-3417 – Fax
www.johnleopard.com







Revised 04/06/07
The Basics of Being a Good Witness in Court

You, as a party or witnessin a legal action, have a very important job to do. In order for a judge[1] to make a correct and wise decision, he or she must have all of the evidence put before him or her truthfully.
You should already know that you will have to take an oath in court to tell nothing but the truth. But there are two ways to tell the truth: one is in a halting, stumbling, hesitant manner, which makes theJudge doubt that you are telling all of the facts in a truthful way; the other is confident and straightforward, which makes the Judge have more faith in what you are saying. You help yourself, the party you are testifying for and the Judge by giving your testimony in the second fashion.
To assist you, here is a list of time-proven hints and aids which, if followed, will make your testimony moreeffective. You should set aside at least thirty minutes to an hour to carefully read (and reread) this list.

SUGGESTIONS TO A WITNESS:
1. Before you testify, if you are able, visit a court and listen to other witnesses. This will make you familiar with how the court works, and will help you understand what will happen when you give your testimony. It is always best to attend a hearingwith the same Judge to whom your case is assigned[2]. Pay special attention to the witnesses who speak haltingly or who stumble over their words, and also to those who effectively get their point across to the Judge. Make mental notes about the differences between these two types of witnesses.
2. Please bring any and all documents that support your position to court. If this is the final trialof your case, this will be your LAST CHANCE to prove your case. People lose their case when they say, “I have those documents (or those pictures) at home, but I forgot to bring them.” When in doubt, bring everything!
3. Wear clean clothes in Court. Dress conservatively and do not wear a lot of jewelry (except a wedding ring).
4. Turn off your cellular telephone (or pager) before youcome into the courtroom. Most judges get very upset if they hear a cell phone “ring” or a pager “beep”.
5. “Dress your role” in Court. If you are a parent asking for custody, then dress like a responsible mother or father would dress. Please do not wear expensive-looking clothing or tattered (or ripped) clothes. Do not dress your “Sunday best” in a suit or tie; rather, try to dress“business casual”[3]
6. Do not chew gum in the courtroom. If you want to take a breath-mint, please do so before you come into the courtroom. .
7. Stand upright when taking the oath. Pay attention and say “I do” clearly.
8. Try to think about what you want to get across to the Judge before you go into the courtroom, but do not memorize what you are going to say. You can make written notesand bring them to the stand – to “refresh” your memory.
9. Talk directly to the Judge. Look at the Judge most of the time and direct what you say to him or her, speaking to him or her frankly and openly as you would to any friend or neighbor. Do not cover your mouth with your hand. Speak clearly and loudly enough so that the Judge and your counsel[4] can hear you easily.
10. If English isnot your first language, please speak slowly! If the Judge cannot understand you, it will be more difficult to convince him or her to rule in your favor.
11. Listen carefully to the questions asked of you. No matter how nice the other attorney may seem on cross-examination, he or she may be trying to hurt you as a witness. Understand the question. Ask the attorney to repeat the question...