Things to Do As A Witness

• Be Open With Your Attorney 

You are advised to be open and honest at all times. If you know the real story, however scandalous it is, the attorney will know the strategies to employ in the case.

• Honor Your Subpoena

When you get a subpoena, you should not ignore it as they are enforceable documents. Further, honoring all your subpoenas will make things easier for you during the underlying case, and even beyond it.

• Be Honest and Concise in Your Testimony 

When giving your testimony, answer all the questions in a clear and concise manner, and make sure to tell the truth. Lying will only make things more complicated for you.

• Dress Accordingly 

Courtrooms are formal places, and the outfit you wear as you take the stand should reflect that. Ideally, choose a formal outfit such as a well-pressed, suit and formal shoes, and avoid overdoing your hair and/or makeup. Also, go for dull colors as they fit the courtroom more than loud or bright colors.

• Listen to Your Attorney 

Your attorney knows all the things to do or say when doing a disposition, or giving testimony in court. So, before you take the stand, talk with them and ask all questions in regards to the whole process. Inform them of your fears and concerns and ask them for expert tips. 

Things Not to Do

• Don’t Over-Answer Questions 

When asked a question, give a clear and concise answer without going into much detail or explanations, unless prompted. This will save you from making contradicting statements.

• Don’t Try to Be Cute or Funny 

Being a witness in court is very much different from being a guest at the Ellen Show. While giving your testimony, try to be serious. Avoid the temptation to be sarcastic or flippant, as some judges may not take it kindly. Also remember that anything you say in court, including jokes, will be recorded, and taken literally – so only say things you mean.

• Don’t Space Out

Being a witness requires maximum focus and concentration to the questions asked. Avoid getting distracted or daydreaming, as it could result in (costly) mistakes.

• Don’t Answer A Question You Didn’t Comprehend 

If you didn’t hear or understand a question, request to have it asked again to avoid giving wrong answers that may cost you.

• Don’t Be Drunk! 

Really, this one is self-explanatory. Apart from alcohol and drugs making you look like a fool when answering questions, they may also make you drowsy and incoherent. In some cases, you may be held in contempt of court if you’re too intoxicated. 

So you know that you should prepare a witness for a deposition, but what do you do? In case you’ve never done this before, there are a few key things that you should definitely pay attention to. Okay, it is slightly more than a few.

For one, you want to pay attention to the clothing that your witness is going to be wearing. You basically want something that is respectful and put together. The clothes that they are going to wear should be somewhat comfortable, but should really fall in the realm of professional outfits more than casual. Anything but casual and sweatpants should definitely be a no go.

You also want them to cut back on the patterns as well as the colors. For women, do not have them wear anything that is too revealing or is low cut in nature. For men, have them hold off on colored shirts that are too loud or ties that have a lot of patterns going on. It will look bad and look bad on camera too.

The video person needs to get a good balance of color. Try to avoid black and white as well to get everything right on the video. Posture should be natural and as comfortable as possible. Get the witness to be in a chair and sit up, getting them to have good posture to look good on camera.

Have them try to have a pleasant expression on their face that is as natural as possible. Have them try not to react and to be polite. Do not have them fidget or move around too much. Keep focus on the camera and do not have them look away.

You want all cell phones off too for this. Make sure that the back wall is also blank and not distracting. No ringing or colors or patterns with windows behind should be used. They are too distracting. The light needs to be good and you should be sure that you are working with a quality team that knows what they are doing.

They should be certified and know how to record a deposition. This is very important when you are going into a court room or recording a video. Prepare your witness and you will know that everything is going just the way that it should. You will be then likely to have a better result and be happy in the end.

Today we’re going over our tips on how to be a witness and be prepared, so scroll down and discover more about the topic with our witness preparation tips.

Focus on your subpoena.

It’s not optional and so they are enforced via court order. Judges will be very displeased if you choose to ignore them or cannot clear your schedule to obey them. Save yourself a lot of hassle and obey them.

Talk with your attorney openly.

They need to know everything and so you have to be honest with them if you want to have the best strategy. Tell them it all no matter how you feel about it or how it makes you look.

Do what your attorney advises.

Your lawyer is going to be able to give you the best advice. If you’re paying them to represent you and they have the experience to back themselves up, take what they are saying into account when it comes to behaving in a deposition. As your attorney what questions you need to in order to know the process fully and go through the process. Talk with your lawyer and they’ll help you prep for trial and your deposition.

Be honest in your testimony. Speak clearly.

You don’t have to over-emphasize your words, but try and speak clearly during the session. Be concise and do not say more than you have to, but do not lie either.

Dress nicely.

How you dress is a sign of respect and it reflects upon you. So dress just as well as you can and while this doesn’t mean preparing for the Oscars it does mean a certain level of the wardrobe as well as ironing, cleanliness, and general appearance. Conservative is better than nothing!

Avoid Doing This:

• Being flippant. You want to be taking everything seriously so avoid answering in a sarcastic or flippant manner if you can.
• Explaining too much or offering up information. That’s just going to help anyone but you.
• Spacing out too much. You’re up there to be a testifying witness so don’t forget to be focused.
• Asking for a break at the trial. Take a bathroom break and eat before you come as they expect you to be prepared to testify.
• Showing up being in an intoxicated state. That is a big deal and it’s not going to work for you at all so don’t do it! Be sober if you can be and eat breakfast!
• Don’t answer questions that you didn’t understand. Ask for them to state the question to you again if you did not hear a question fully.