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HINTS ON HOW TO BE A GOOD WITNESS IN COURT

HINTS ON HOW TO BE A GOOD WITNESS IN COURT. BY D A PAVER. INTRODUCTION. TELLING A COHERENT STORY IN AN INFORMAL ENVIRONMENT IS AT THE BEST OF TIMES A DIFFICULT EXERCISE

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HINTS ON HOW TO BE A GOOD WITNESS IN COURT

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  1. HINTS ON HOW TO BE A GOOD WITNESS IN COURT BY D A PAVER

  2. INTRODUCTION • TELLING A COHERENT STORY IN AN INFORMAL ENVIRONMENT IS AT THE BEST OF TIMES A DIFFICULT EXERCISE • BEING TESTED BY A CROSS – EXAMINER IN THE SOMETIMES HOSTILE ENVIRONMENT CAN BE UNNERVING AND CAN LEAD TO YOU APPEARING TO BE LESS CREDIBLE AS A WITNESS

  3. THE DEFENCE ATTORNEY’S JOB THE JOB OF THE DEFENCE ATTORNEY IS TO REPRESENT HIS CLIENT AND IF THAT MEANS ATTEMPTING TO CREATE THE IMPRESSION THAT YOU ARE NOT CREDIBLE; THAT YOU LACK KNOWLEDGE; YOU ARE BIASED OR PREJUDICED OR INCONSISTENT, HE WILL SET OUT TO ACHIEVE THIS IN CROSS – EXAMINATION

  4. PHASES OF EVIDENCE • EXAMINATION IN CHIEF • CROSS – EXAMINATION • RE – EXAMINATION • QUESTIONS BY COURT • QUESTIONS ARISING OUT OF THE COURTS QUESTIONS

  5. HOW TO BE A GOOD WITNESS IN EVIDENCE – IN - CHIEF • BEFORE YOU TESTIFY • AT COURT • IN THE WITNESS BOX

  6. IF YOU ARE GOING TO REFER TO RECORDS FAMILIARISE YOURSELF WITH THEM IF YOU ARE GOING TO TESTIFY ABOUT AN EVENT THAT HAPPENED SOME TIME BEFORE – REFRESH YOUR MEMORY BEFORE COURT

  7. DAY OF COURT • DRESS NEATLY • TAKE YOUR SUBPOENA WITH YOU • APPROACH THE PROSECUTOR – DISCUSS THE EVIDENCE YOU ARE ABOUT TO GIVE WITH HIM • AVOID UNDIGNIFIED BEHAVIOUR

  8. IN THE WITNESS BOX • Stand upright when taking the oath • Your are there to tell the TRUTH –TELL IT!! • Look at the judge or magistrate when testifying. Speak clearly and loudly and SLOWLY – WATCH THE PEN!! • Speak in YOUR OWN WORDS • Listen CAREFULLY to the question. If you do not understand it, SAY SO. NEVER answer a question unless you understand it.

  9. Answer directly with a YES or NO answer – if an explanation is called for, say so. • The court ONLY wants to hear what YOU OBSERVED YOURSELF and not what someone else told you. • The court is also not interested in YOUR OPINION. • GIVE POSITIVE DEFINITE ANSWERS where ever possible – AVOID answers like “I believe” or “I think” • THERE IS NOTHING WRONG WITH SAYING “ I DON’T KNOW/REMEMBER”

  10. Do not EXAGGERATE or resort to BROAD GENERALIZATIONS • If you have made a mistake – CORRECT IT IMMEDIATELY. Say “ I want to correct something I said earlier” • STOP IMMEDIATELY if the judge interrupts • DO NOT ASK the judge for advice • ALWAYS BE POLITE – even if the attorney is not. • If you are feeling tired – SAY SO

  11. TRICK QUESTIONS • “ Have you talked to anybody about this case?” • “ Are you being paid to testify in this case?”

  12. CROSS - EXAMINATION • AVOID GENERALIZATIONS • REMAIN CALM AND RESPECTFUL TO THE ATTORNEY AND TO THE COURT • BE AWARE OF THE QUESTIONING – DO NOT ANTICIPATE • EXPECT THE HYPOTHETICAL QUESTION • DO NOT VOLUNTEER ANY MORE INFORMATION THAN YOU HAVE TO • DON’T TRY TO BE CLEVER!! • If the prosecutor has failed to ask you a question to elicit evidence which you consider important – you can introduce this in cross –examination. LOOK OUT FOR THE UNASKED FOR QUESTION

  13. MORE HINTS • LISTEN CAREFULLY to objections – by listening to the debate between the prosecutor and the attorney, you might get some idea of where the cross – examination is headed to, so that, you can prepare yourself to answer. • TAKE EVERY OPPORTUNITY to refresh your memory from documents, photos, affidavits, etc.

  14. CONCLUSION GIVING EVIDENCE INVOLVES: • PREPARATION BEFORE COURT STARTS • LISTENING CAREFULLY • STRIVING FOR CLARITY AND CORRECTNESS • TELLING THE TRUTH AND NOTHING BUT THE TRUTH!!

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