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.

When it comes to being a witness in court, there’s not exactly a guide on how to do that. Pair this fact with the fact that most people have never been a witness, and it can be tough to know how you’re going to do it. Well, we’ve put together a makeshift guide and are giving you all the info that you need in order to go to court. Here are our witness preparation tips— read on to find out more.

What You Should Do

Pay attention to your subpoena.
Subpoenas are not optional, as much as it would be nice if they would be. Instead, they are enforced by court order and judges will not be happy if you ignore them. Ignoring one will make your life harder, not easier.

Have open communication with your attorney.
Your attorney needs to know the full story and they cannot have a strategy or work well if you haven’t been honest. Even if it is going to make you look bad, be open with your attorney. It will help you in the end.

Speak concisely and clearly. Be honest in your testimony.
Answer questions honestly. You don’t have to over-answer them, but speak clearly and concisely. Don’t lie.

Follow the advice of your attorney.
They will be able to give you valuable advice on how to behave in a deposition or once you are called as a witness in court. Ask them whatever questions you need to. They’re being paid to advise you, so they will advise you and guide you through this process. Discuss what to do with your attorney and they will help you with discovery and prepping for trial as well as your deposition.

Dress for the room.
Dress as nicely as you can for the occasion as it is a sign of respect and will reflect well on you. Dress as well as you can and make sure your outfit is clean, pressed, without wrinkles, and appropriate (somewhat on the formal side). The same goes for your hair and/or makeup– go for conservative over controversial, obviously.

What Not to Do

Don’t explain more than you have to.
Just answer the question and do not explain more than that unless prompted. Don’t be a people pleaser. Your job is to answer the question asked of you, not ‘help’ anyone.

Do not be flippant, humorous, or a personality.
You are not making a cameo on a late night talk show, you are appearing as a witness in court. Try to be serious at all times. Any other emotion, especially if it is humorous, sarcastic, flippant, or ‘showcasing’ your personality is not likely to go over well. You can count on any judge disliking this behavior and you may end up in contempt of court. Also, saying words or sentences that you do not mean seriously will be recorded as literal, so it is important to be very deliberate about what you say.

Don’t space out.
Being a witness is serious business, and focus is required at all times. Don’t let your mind wander or yourself daydream. You must pay attention to the questions because it could result in mistakes. You have to know what you are being asked in order to answer.

Don’t ask for a break at trial– only during deposition.
As a witness during deposition, it is fine to take a break for a drink or to go to the restroom. But don’t even think of doing it at trial– that’s up to the judge. You will only look entitled so just prepare for the testimony as best you can.

Do not be intoxicated.
Even if that were how you deal with stress normally, it is a very bad idea to enter a courtroom intoxicated! Being put on the spot would also put even more pressure on you, thus revealing your intoxication. Do not drink, do drugs, or take medication for the first time or that could make you drowsy. You have to be coherent and mentally with it on the stand. Be sure you have hydrated and eaten a snack or meal before taking the stand so you don’t worry about passing out.

Do not answer something you did not hear or comprehend.
That’s a recipe for disaster. You are able to have the question asked again or stated in a different way. Do not answer unless you heard and can understand the question!