Understand Your Role as a Witness
Walking into a courtroom to testify can be a daunting experience,
whether you're directly involved as a party in the case or serving as a
witness. Proper preparation not only reduces anxiety but also ensures your
testimony is clear, credible, and impactful. Here's a guide to help you prepare
and perform your best on the stand.
If you've been served a subpoena, showing up in court isn't
optional—it's a legal obligation. Missing your court appearance could result in
serious consequences, such as a warrant for your arrest. However, being present
is only part of the responsibility. You need to understand what the court and
the attorney expect from your testimony.
Prepare for Court
Unfortunately, lawyers are often stretched thin preparing for
trials, leaving limited time to coach witnesses. Don't hesitate to take the
initiative. Contact the attorney's office to arrange a call or a meeting to
discuss your role as a witness. Ask about:
· Why you have been subpoenaed.
· What specific facts or evidence are relevant to your testimony.
· Goal or aim of the testimony.
· The duration of your testimony.
· Expected questions from both sides.
Getting clarity on these questions will help align your understanding with the attorney's strategy. By collaborating with the attorney, you'll build confidence and
reduce surprises in the courtroom.
Know Your Story and Stick to It
Review any prior statements you've made (affidavits,
police reports, letters, emails, text messages, social media posts, audio
recordings, etc.) to ensure consistency. Inconsistent statements
can be used to impeach your credibility. Work with the attorney to focus on
presenting facts that are pertinent to the case. Avoid discussing irrelevant or
cumulative details that waste time.
Remember, honesty is critical. Share the full truth—both good and
bad—with the attorney beforehand. They can help craft your testimony while
ensuring your credibility remains intact.
Anticipate Cross-Examination
Ask the attorney what opposing counsel might ask. Understanding
potential challenges to your testimony gives you time to prepare measured and
honest responses.
Refine Your Demeanor and Behavior
Your behavior and demeanor in court matter. Ask the attorney if
there are traits or habits you should adjust to avoid negative impressions. Aim
to remain calm, respectful, and composed, regardless of how intense the
questioning becomes.
Being a great witness takes preparation, clarity, and collaboration
with the legal team. Take the time to understand your role, focus on relevant
facts, and anticipate questions. By walking into the courtroom well-prepared,
you'll not only reduce your anxiety but also provide valuable testimony which supports justice.