Effective Expert and Factual Witness Behavior: A Guideline
Before Testifying:
(1) Be on time, and be well rested.
(2) Dress appropriately and be neatly groomed.
(3) Prepare, but do not memorize. Read all the relevant documents and organize your recollection of the facts regarding the incident.
(4) Be sure to have reviewed any oral evidence which you may have given during discovery (arraignment in criminal law) before trial.
Approach:
(1) Act naturally, and avoid potentially offensive
behaviour. Cross-examination is generally the worst part
of giving evidence. A good cross-examiner can make the
most truthful witness appear uncertain and confused. A
vigorous cross-examination may occasionally seem like a
personal attack on the witness, but it is the evidence
that the cross-examiner is attacking, not the person.
Avoid becoming angry or flustered. The cross-examiner may
be deliberately provoking the witness. Do not go on the
defensive, stick to the facts!
(2) Be polite, sincere and courteous at all times.
(3) Relax. Look at the jury when answering questions. In
non-jury trials, address yourself to the trier of fact
(judge or arbitrator) when answering.
(4) Appear interested
Listen:
(1) Understand the question.
(i) Listen carefully to every question and be sure you
understand it before answering. Answer only that
question. Do not ramble on or volunteer information.
(ii) If you do not understand a question, say so and
counsel will rephrase it. If you can't remember an
answer to a question, say, "I can't recall" or "I can't
remember". If you can only approximate dates, times and
distances, give only your best approximation. If you
cannot answer a question "yes", or "no", say so and
explain your answer. However, give positive, clear and
direct answers to every question whenever possible.
(2) Think.
(3) Listen to objections. If either side makes an objection
to any question or answer, stop. Wait for the judge to
rule if he overrules the objections, answer the question.
If he sustains the objections, simply wait for the
question. Never try to squeeze an answer in when an
objection has been made.
(4) Beware of compound questions.
(5) Pay attention to verb tenses.
(6) Request clarification
(7) Do not simply accept assumptions
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