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During
the preliminary hearing, evidence suppression hearings, or during
the trial, you may be questioned by the prosecutor and the defense
attorney. The prosecution may discuss courtroom rules and testimony
with before court appearances.
The
following are some pointers on how to be a good witness:
- Be
truthful. Never exaggerate or shade your testimony. Just tell
the facts, simply and concisely, as you know them.
- Be
attentive. Listen carefully to the questions. If you do not understand
a question, ask that it be repeated or explained.
- Answer
only the question asked. Do not try to say everything at once
or volunteer information that is not requested.
- Explain
your answer, if necessary. If a question cannot be answered truthfully
and fully with a "yes" or "no", you have the
right to ask the judge to permit you to explain after first answering
"yes" or "no".
- Do
not guess. Give definite answers whenever possible. If you do
not know an answer, do not be afraid to say so. Do not stop to
figure out whether your answers will help or hurt your testimony
for either the prosecution or the defense. Just answer questions
t the best of your knowledge.
- Be
prepared. Do not try to memorize what you are going to say; try
to recall relevant facts.
- If
asked, "Have you talked to anyone about this case?"
- do not forget your conversations with prosecutor, defense attorney,
staff members such as paralegal, investigators, or victim advocates.
- When
an attorney objects to a question, do not answer the question
until the judge rules on the objection and instructs you to answer
the question. If the judge agrees with the grounds for an objection,
the objection will be "sustained". When the judge does
not believe the objection has merit, the objection will be "over
ruled". If you are confused, ask the judge for direction.
- Remain
calm and courteous. Do not lose your temper or become angry, as
it may diminish the impact of your testimony.
- Speak
clearly and loudly. Always face the person questioning you, and
speak clearly enough to be heard by the jury. Do not simply nod
for a "yes" or shake your head "no".
- Dress
neatly and always show respect for the court. For example, wearing
hats or chewing gum is generally not accepted in court.
- Be
yourself. The judge, jurors, and attorneys are human also and
appreciate sincerity.
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