How to Give Effective Courtroom Testimony

1. How to Give Effective Courtroom Testimony Together We Can November 8-10, 2017 Lafayette, Louisiana

2. Preparing to Testify • Prepare ahead of time. • Dress Appropriately. • No gum or candy. • Don’t memorize your testimony. • Prepare and bring your records, they may be helpful. Bring originals, if you have them, or photocopies.

3. Preparing to Testify, cont’d • Practice your testimony. • Prepare with the attorney. • Arrive on time.

4. Basic Rules of Testifying • Turn off cell phone and beepers. • Speak loudly and clearly; exude confidence. • Tell the truth. • Listen to the question. Wait until the questioner is finished asking the question. • Make sure you understand the question asked. • Take your time. • Answer the question asked and only the question asked. • Don’t seek help from anyone in the courtroom while testifying nor offer help from the audience to a witness while s/he is testifying

5. Basic Rules of Testifying, con’d • Don’t lose your temper. • Don’t argue. • Don’t think out loud. Think in silence, then answer the question. • Don’t use techno-babble or alphabet soup. • Don’t guess – at anything – sequences, times, speed, location, etc. Never attempt to answer a question if you don’t know the answer.

6. Basic Rules of Testifying, cont’d • Don’t be afraid to admit you don’t know the answer. • Avoid boxing yourself in. • Don’t identify a document until you have read it. • If an attorney makes an objection to a question being asked of you, do not answer – wait until the judge rules on the objection.

7. Basic Rules of Testifying, cont’d • Always answer verbally. • You can’t automatically use your notes during testimony. • Be polite, professional and proficient. • Review any written statements you have made. • Remain calm.

8. Example: Testifying on Reasonable Efforts – Questions to be Answered • 1. Case Plan: a. What family problems endanger the child? b. How did you involve the parents in developing the case plan? c. What is the case plan for all family members?

9. Example, cont’d • 2. Service History (for each service offered, before or after the child was removed): a. What is the service and its goal? b. Who is the service provider? c. When was the service offered to the family? d. Did the family agree to participate? e. How long was the service provided? f. How often was the service provided? g. How did you make the service accessible to the family?

10. Example, cont’d h. Did the family complete the service? i. What was the impact of the service on family problems? j. If preventative or reunification services were not offered, why not?

11. Example, cont’d • 3. Visitation History (If the child has been removed before the hearing): a. How often was the parent scheduled to visit the child? b. How often did the parent visit? c. How did you make visiting accessible to the parent? d. Was visitation supervised? Who supervises? Why? e. Was visitation restricted? When? How? Why?

12. Example, cont’d • Was visitation suspended? When? Why? • How was the quality of parent-child interaction during visits?

13. Example, cont’d • 4. Your contacts with Child and Family: a. How often did you see or talk to the child? Where? b. How often did you contact each parent? c. If contact was suspended, why?

14. Be punctual, polite, professional, and proficient remembering that the health, safety and well-being of the child is dependent on your work and ability to communicate the family situation to the judge.

15. RESOURCES • Information on Slides 8-13 taken from “Tips for Caseworkers on Testifying in Court” by Debra Ratterman Baker

16. Ernestine S. Gray • Senior Judge • Orleans Parish Juvenile Court • 1100 B Milton StreetNew Orleans, LA 70122 • esgray@nola.gov • 504-568-9505 • 540-568-95ll (fax)