Effective Expert and Factual Witness Behavior: A Guideline
assumptions and summaries.
(8) Asking an attorney to rephrase the question may make them drop it all together, because they themselves do not understand it and were just told to ask it by their own experts!
(9) Be sure to ask for clarity in any ambiguous questions. Do not assume that you know what they mean.
(10) Do not assume you know the next question and thereby answer it. Just answer the question you were asked. Again the attorney may not fully understand the questioning and by giving more information you may be answering follow up questions that they would of never had.
Answer:
(1) Do not volunteer. Do not use the witness box to show
how knowledgeable you are. What you think is harmless may
be the downfall of the case. Explain your testimony in
simple, succinct terminology.
(2) Do not guess.
(i) Do not hesitate to refuse to answer a question outside
the scope of your expertise.
(ii) Unless you are testifying as an expert you will be
allowed to testify only to what you personally saw,
heard, and did. You cannot testify as to what others
know, or to conclusions, opinions, and speculations.
(3) Do not be argumentative or evasive.
(i) Do not be antagonistic towards the opposing counsel,
the jury may already be somewhat sympathetic toward the
injured party; your antagonism may only serve to
reinforce such an impression.
(ii) Do not allow yourself to become overpowered by the
cross-examiner; the lawyer is human too! Never argue with
counsel or the judge. Never lose your temper. Counsel
on cross-examination may attempt to confuse you, have you
argue with him, or have you lose your temper. Resist
these temptations. Do not get angry.
(iii) Do not look at the judge or counsel for help on
difficult questions.
(iv) Be straight forward with counsel. Any answers
designed to cover up or cloud an issue or fact will, if
discovered, serve only to discredit any previous
testimony you may have given.
(4) Do not be over cautious.
(5) Do not over-dramatize the facts you are relating.
(6) Use words, not gestures. Speak clearly and loudly so
that you
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