1. Jurors and other witnesses may be present in the
same public areas as you. For that reason, you should not discuss the case with
anyone. In addition, jurors may have the opportunity to observe how you act outside
of the courtroom. If you see a juror, you are not allowed to speak to the
juror, even to say hello.
2. When you are called to testify, you will first be
sworn in. You will be asked to raise your right hand. When you take the oath,
pay attention to the clerk, and say “I do” clearly.
3. When a witness gives testimony, he/she is first
asked some questions by the lawyer calling him or her to the stand; in your
case, this is an Assistant U.S. Attorney. This is called “direct examination.”
Then, the witness is questioned by the opposing lawyer (the defense counsel) in
“cross examination.” (Sometimes the process is repeated two or three times to
help clear up any confusion.) The basic purpose of direct examination is for
you to tell the judge and jury what you know about the case. The basic purpose
of cross examination is to explore the accuracy of your testimony. Do not get
angry if you feel you are being doubted in cross examination. DO NOT LOSE YOUR
TEMPER. An angry or impolite witness will probably not be believed. Always be
polite and courteous. In grand jury, there is NOT any cross examination because
the defense counsel is not present.
4. Objection is a legal term that means one of the
attorneys feels you are being asked an improper question. When you hear a
lawyer say “objection,” simply stop speaking and wait for the judge to rule on
the objection. If the judge decides the question is proper, he/she will
overrule the objection. If the judge decides the question is not proper, he/she
will sustain the objection. You may not answer the question if it has been
sustained. You will be told by the judge or the attorney whether to answer the
question if you get confused. In grand jury, there are NOT any objections
because the defense counsel is not present.
5. Before you testify, try to picture the scene, the
objects there, the distances, and exactly what happened so that you can recall
the facts more accurately when you are asked. If the question is about
distances or time, and if your answer is only an estimate, be sure to say it is
only an estimate. Beware of suggestions by attorneys as to distances or times
when you do not recall the actual time or distance. Do not agree with their
estimate unless you independently arrive at the same estimate.
6. Speak in your own words. Do not try to memorize
what you are going to say. Doing so will make your testimony sound rehearsed
and unconvincing. Instead, be yourself, and prior to trial go over in your own
mind those matters about which you will be questioned.
7. Most important of all, you are sworn to TELL THE
TRUTH. Tell it. Every true fact should be readily admitted. Do not stop to
figure out whether your answer will help or hurt either side. You are expected
to be impartial.
8. The judge and jury are interested in facts that you
have observed or personally know about. Do not give your opinion unless asked.
Give positive, definite answers when at all possible. Avoid saying, “I think,”
or “I believe,” if you can be positive. If you do not know, say so. Do not make
up an answer. Be positive about things you can remember. If you cannot remember
details, simply say you don’t remember.
9. You should only answer the question asked and not
volunteer information.
10. The court reporter must be able to hear all your
answers, so do not nod your head for a “yes” or “no” answer. Speak loudly and
clearly. Also, you will sound your best if you do not use words like “yah,”
“nope,” and “uh-huh.”
11. Explain your answer if necessary. Give answers in
your own words and if the question cannot be answered with a yes or no answer,
say so and explain.
12. Do not exaggerate. Don’t make overly broad
statements that you may have to correct. Be particularly careful in responding
to a question that begins, “Wouldn’t you agree that…?” The explanation should
be in your own words. Do not allow an attorney to put words in your mouth.
13. Listen carefully to the whole question you are
asked. If you do not understand the question or did not hear it, ask to have it
rephrased or repeated.
14. If your answer was not correctly stated, correct
it immediately. If your answer was not clear, clarify it immediately. It is
better to correct a mistake yourself than to have the attorney discover an
error in your testimony. If you realize you have answered incorrectly, say “May
I correct something I said earlier?”
15. Sometimes witnesses give inconsistent testimony –
something they said before doesn’t agree with something they said later. If
this happens to you, don’t get flustered. Just explain honestly why you were
mistaken. The jury, like the rest of us, understands that people make honest
mistakes.
16. Sometimes an attorney may ask if you have talked
to anyone about the case. It is perfectly proper for you to have talked to
people, including the Assistant U.S. Attorney and the case agent before you
testified, and you should, of course, respond truthfully to this question.
17. After you have completed testifying, you should
not tell other witnesses what was said during your testimony. Thus, do not ask other
witnesses about their testimony and do not volunteer information about your
own. Once you have been formally excused as a witness, you are free to go.
