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Courtroom Demeanor and Testifying

Courtroom Demeanor and Testifying. Office of the Nevada Attorney General. With apologies to Daniel I. Small, author of “The Ten Rules of Powerful Witness Preparation” 35 SUM Fam. Advoc. 16 (2012). This is not a conversation. Do you know what time it is? Question. Pause. Answer. Stop.

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Courtroom Demeanor and Testifying

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  1. Courtroom Demeanor and Testifying Office of the Nevada Attorney General With apologies to Daniel I. Small, author of “The Ten Rules of Powerful Witness Preparation” 35 SUM Fam. Advoc. 16 (2012)

  2. This is not a conversation • Do you know what time it is? • Question. Pause. Answer. Stop.

  3. Today’s roadmap • Courtroom Appearance • The Ten Habits of Highly-Effective Witnesses • The Preparation Process • Your Turn In The Witness Chair

  4. When could I be asked to testify? • Trial • Depositions

  5. Do appearances matter?

  6. Appropriate Courtroom Attire

  7. The Ten Habits Of Effective Witnesses -Habit 1- Take your time

  8. The Ten Habits Of Effective Witnesses -Habit 2- Remember you are making a record

  9. The Ten Habits Of Effective Witnesses -Habit 3- Tell the truth

  10. The Ten Habits Of Effective Witnesses -Habit 4- Be relentlessly polite

  11. The Ten Habits Of Effective Witnesses -Habit 5- Don’t answer a question you don’t understand

  12. Let’s take a break.

  13. The Ten Habits Of Effective Witnesses -Habit 6- If you don’t remember, say so

  14. The Ten Habits Of Effective Witnesses -Habit 7- Do not guess

  15. The Ten Habits Of Effective Witnesses -Habit 8- Do not volunteer

  16. The Ten Habits Of Effective Witnesses -Habit 9- Be careful with documents • Step 1: ask to see the document. • Step 2: read the document. • Sept 3: ask for the question to be repeated.

  17. The Ten Habits Of Effective Witnesses -Habit 10- Use your counsel

  18. The Preparation Process • What to expect when you meet with your attorney • What to expect when you arrive at court

  19. Provide you with a general description of the case Explain how your testimony is important to the case as a whole Review substantive questions that will be asked Review any relevant documents or records Assist in polishing testimony in sensitive areas Put words in your mouth Suggest making substantive changes to your testimony Meeting with your attorney Your attorney should: Your attorney should not:

  20. Showtime! What to expect when you arrive at court. • Courtroom procedures • Where to wait • Where to sit while testifying • Order of questioning

  21. Your turn in the witness chair

  22. Name and occupation of witness Training, background of witness Incident report Date and time of robbery Entry of suspects Clothes/accessories worn by suspects Any weapons carried by suspects Statements made by suspects Actions taken by suspects Exit of suspects Examination outline

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