HOW TO BE A GREAT VIRGINIA DIVORCE WITNESS

Being a witness can be a worrisome and stressful experience, but it doesn't have to be if you understand the right way to testify effectively. The following advice is to help you do well. This advice is presented in order of importance to make testifying an interesting and enjoyable event. If any of these "rules" go against your instincts or make you uncomfortable, ignore the rule and go with your gut feelings.

1. TELL THE TRUTH: Tell only what you know to be true. Every material truth should be admitted, even if not to the advantage of the party for whom you testify. Do not stop to figure out whether your answer will help or hurt your side. Just answer the questions to the best of your ability.

2. BE YOURSELF: Don't orate. You are not there to give a speech. Talk conversationally and frankly. Act as if you were telling a story to a friend or neighbor. Know your name, address and age.

3. DON'T BEAT AROUND THE BUSH: Answer directly and simply, only answer the question asked and then stop. Do not volunteer information not actually asked.

4. KEEP IT SIMPLE: Use simple words in simple sentences to tell your story.

5. USE "YES" AND "NO": Frequently a simple "Yes" or "No" is the best answer. Don't hesitate to use them if you can.

6. EXPLAIN ANSWER IF NECESSARY: If a question can't be truthfully answered with a "Yes" or "No," you have a right to explain your answer.

7. GIVE THE "YES" OR "NO" BEFORE THE EXPLANATION AND NOT THE OTHER WAY AROUND: It sounds like you are being evasive if you concede the "yes" or "no" after an explanation. Also, giving the affirmative or negative response before the explanation makes it easier to understand the explanation.

8. CORRECT ERRORS RIGHT AWAY: If your answer was wrong, correct it immediately.

9. BE POLITE: Be courteous and pleasant to everyone.

10. ANSWER CLEARLY: Use small words. Use simple sentences. If you think your answer was not clear you are probably right. Clarify your response immediately.

11. TELL IT AS IT WAS: Do not exaggerate.

12. KEEP YOUR COOL - GET EVEN - NOT MAD: When you lose your temper you may say something that is not correct and might hurt. In any case you will not look your best. Do not let this happen.

13. DON'T GET ON YOUR HIGH HORSE: Don't be a smart aleck or a cocky witness! This will lose the respect of the judge and/or jury.

14. BASE ANSWERS ON WHAT YOU KNOW, SAW OR HEARD: Just the facts -not what someone else told you. Keep your opinions and conclusions to yourself.

15. RECALL THE FACTS: Before answering a question visualize what you actually saw or heard and answer from that memory.

16. DON'T MEMORIZE: Know your facts but don't memorize your answers. If you sound too "pat" or memorized, the jury or judge may think you are lying. Your tongue is connected to your brain. You won't forget the truth.

17. THIS SHALL PASS: Testifying is hard work that is tiring and causes fatigue. Strive to overcome the fatigue. Don't let it cause you to act tired or cross or nervous or angry or careless.

18. DON'T BE A WIMP: Stand up for what you believe. Give positive answers. Avoid hiding behind sayings such as "I think," "I believe," "probably" or "in my opinion." However, if asked about unimportant details that you don't recall just say you don't remember. But don't fall into the trap of answering question after question with "I don't know" unless you really lack knowledge.

19. CALL IT THE WAY IT WAS: If you are asked about time or distance or a date and your answer is only an estimate, be sure to say, "it is only an estimate." If you have to give a lot of specific facts in your testimony, review them before your testimony so your memory is reasonable. If possible visit the scene where the events you are testifying about took place to refresh your memory before you testify.

20. MAKE EYE CONTACT: Look at the judge or jury and the lawyer who is asking you questions. Don't look at your attorney for answers.

21. DON'T ARGUE WITH ANYONE: It is not your job to argue with the other attorney and certainly not the judge. Let the lawyers do that. If a question is improper and your lawyer doesn't want you to answer he or she will object. Don't fence with the other lawyer. He has the right to question you. Don't answer a question with a question unless the question you are asked is not clear.

22. TREAT YOUR TESTIMONY AS SERIOUS BUSINESS: Be serious at all times. Don't make jokes or try to be funny. Don't laugh unless the judge tells a joke.

23. THE JUDGE IS THE BOSS: If the judge interrupts you stop immediately and listen to what the judge says. If the judge is asking you a question then look the judge in the eye and answer the question in as direct a manner as possible without regard to the consequences of your answer.

24. BE A GOOD LISTENER: Listen carefully to the question. If you didn't hear the question or don't understand the question ask to have it repeated or for clarification. Answer only after giving the question thoughtful consideration. Take your time. However, don't take so much time the judge or jury thinks you are the slowest liar in history.

25. APPEARANCES COUNT: Have good posture; dress conservatively; wear clean clothes and don't chew gum. Don't nod your head for "Yes" or "No" answer in a loud strong voice. Don't make faces. Wear a confident expression not a downcast one. Look like a winner. Nervous is normal. Take a couple of deep breaths and you will be fine. Relax and have some fun, this is interesting stuff.

26. GET COMFORTABLE WITH THE SURROUNDINGS: Get to court early enough to walk around the courtroom. Become familiar with where the witness sits.

27. TRICKS TO WATCH OUT FOR: There are several trick questions that can make you look bad if you answer them the way the other attorney hopes you will. Here is the most common "trick question"
to beware of: "Have you talked to anybody about this case?" If you say "no" you look like a liar or a fool since everyone knows no lawyer would call you as a witness without knowing what you are going to say. If you say "yes" the lawyer may imply you were told what to say. The best answer is to tell truthfully everyone with whom you talked to and to say you were told to give the facts and tell the truth.

28. UNDERSTAND YOUR ROLE: Make sure you understand why your are being called as a witness and what the meat of your testimony is to be about. Ask the lawyer to explain the process so you know when you will be called. Who will question you first. Who will cross-exam you and what the difference is in the type of questions you can be asked on direct examination and cross-examination.

29. KEEP YOUR HANDS AWAY FROM YOUR MOUTH AND DON'T PICK YOUR NOSE: It looks bad, is distracting and adversely impacts on your credibility.

30. HAVE THE LAWYER EXPLAIN THE THEORY OF THE CASE: Make sure you understand what the case is about.

Home -- About Us -- Practice Areas -- Legal Research -- Va Info -- Links -- Contact Us

Grenadier, Anderson, Starace & Duffett P.C.