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Courtroom Testimony

Courtroom Testimony. Preparation Before Court. Preparation Before Court. Review notes and reports beforehand Have a legal knowledge of the case Bring notes with you to court Bring exhibits with you to court Wear appropriate attire. Demeanor in the Courtroom. Demeanor in the Courtroom.

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Courtroom Testimony

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  1. Courtroom Testimony

  2. Preparation Before Court

  3. Preparation Before Court • Review notes and reports beforehand • Have a legal knowledge of the case • Bring notes with you to court • Bring exhibits with you to court • Wear appropriate attire

  4. Demeanor in the Courtroom

  5. Demeanor in the Courtroom • Arrive in advance of scheduled time

  6. Demeanor in the Courtroom • Give that good first impression

  7. Demeanor in the Courtroom • Taking the oath

  8. Demeanor in the Courtroom • Present a modest demeanor and display a sincere interest in accuracy and truth of statements.

  9. Demeanor in the Courtroom • Avoid showing irritation and anger. • Maintain self control.

  10. Time to Take the Witness Stand

  11. Time to Take the Witness Stand The first question will always be the same…

  12. Time to Take the Witness Stand The first question will always be the same… “Please state your name.”

  13. Time to Take the Witness Stand Speak loudly and clearly

  14. Tell the Truth

  15. Testify from your own personal knowledge or observation

  16. Listen to the Question

  17. Answer only the question

  18. It’s ok to say “I don’t know”

  19. Truthfully give approximations

  20. Do not hesitate to acknowledge an error and correct it

  21. Be calm, courteous and consistent

  22. Do not volunteer unnecessary information

  23. Permit yourself to be protected

  24. How to Handle Cross Examination

  25. Objectives of Cross Examination • To weaken, qualify, destroy the case of the opponent • Establish party’s own case by means of opponent’s witnesses

  26. Common Cross Examination Techniques • Mispronunciation of your name • Standing close to witness • Dwelling on insignificant details • Rapid fire questioning

  27. Common Cross Examination Techniques • Flattery / Friendly • Repeating the same question • Long periods of silence • Alleging or insinuating contradictions by other witnesses

  28. Common Cross Examination Techniques • Have you discussed the facts of the case? • Inviting argument • Misleading the witness • Condescending

  29. Refreshing Recollection:An exception to the hearsay rule • If witness once knew something but cannot recall it during direct examination, the trial court may allow the witness’s recollection to be refreshed by reference to the police report.

  30. Refreshing Recollection • 1st show that the witness has knowledge but cannot recall facts. • 2nd show that the witness needs to use a writing to revive his memory. (Writing need not be written by witness.) • 3rd witness is now able to testify independently of writing.

  31. Recorded Recollection • Witness once had personal knowledge of the matters recorded. • Record sought to be admitted was made by the witness at or near the time the events occurred. • Record is accurate and trustworthy account of events it describes. • Witness lacks current recollection of the events in question.

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