And at this point, it`s time to prepare for cross-examination, a process that, if need be, is even more difficult to manage. If your answer is not worded correctly, correct it immediately. If your answer was not clear, clarify it immediately. It is better to correct a mistake yourself than to let the lawyer discover an error in your testimony. If you realize that you answered incorrectly, say, “Can I correct something I said earlier?” Sometimes witnesses make contradictory statements – something they said before is not something they said later. If this happens to you, don`t be nervous. Explain honestly why you were wrong. The jury, like the rest of us, understands that people make honest mistakes. The validity of cross-examination is significantly reduced by a witness who is willing to answer questions correctly in advance. That is why it is crucial to act.
He also once told me that for every minute of testimony on the witness stand, expect to spend an hour preparing. “It doesn`t matter if your client is the pope or the best expert in the world. It doesn`t matter if it`s the truth and we all know it. Any good cross-examination can always make him look like a liar and anyone who takes the stand has stage fright. You have to practice with these witnesses so that it is almost a relief when they come to the witness stand. They`d rather face the worst cross-examination than practice with you for another ten minutes! The courtroom is designed to be adversarial. To be an effective witness, credibility is essential. The credibility of witnesses depends not only on what they say, but also on how he says it and his general behaviour. While many witnesses dread the task of testifying in court with cross-examination by aggressive lawyers, testifying in court can be much more comfortable for witnesses who have prepared for trial. In fact, it is not always as easy to say “the truth, the whole truth and nothing but the truth” as it seems. It is much easier to tell our story without a judge, jury and lawyers looking at our statements and exactly how we use them. This applies in particular to witnesses who testify on their own behalf in criminal or civil cases.
At trial, witnesses are really “on stage” and must perform well in order to convey their statements credibly A very wise and very old litigator once told the writer that the secret to his success in court was the fact that he never liked to be surprised. “The surprises delighted most of the children. Never me. They scared me. And it still is. If something happens in court that I didn`t expect, it means I`ve failed in my pre-trial work. They shouldn`t be able to do, say, or argue anything that I haven`t already imagined and aren`t ready to answer. He looked out the window, remembered the times he had been foiled, and was still angry with her. “You should spend as much time planning your opponent`s case as you do your own. Practice his arguments. I usually prepare his final statement to the jury before preparing mine.
He laughs. “Most of the time, the ones I invented for them were better than the ones I gave them to the jury. Most of the time, I found better ideas and arguments for her site than her. Do you know why they lost? Deep within many of us is a fantasy that is fueled by film and television, often kept secret, but which arises just as often when someone decides to stand on the witness stand and testify. Most of us imagine entering into a double spirit with the evil opposing defense lawyer, exchanging heads and sharp words as the jury watches and you lead the lawyer, until, to his shock and dismay, you suddenly testify about something that destroys his case before the jury. making him look like a complete fool. And in this one case of revelation, the case wins everything for you. The lawyer leans back in his chair, while the judge looks at you with appreciation, nods wisely and perhaps even completely dismisses the other parties` case. You leave the witness box under the admiring approval of the entire courtroom and shake hands with your happy lawyer. Be consistent with your previous statements in the case, your testimony or testimony in previous proceedings. Those who testify in contradiction to their previous statements make themselves vulnerable to attacks and can be perceived as lies, even if they simply do not remember relatively small details.
Get ready for the witness box. Review your previous writings, statements and testimony very carefully so that you can testify in a manner consistent with previous statements and eliminate such attacks on your credibility in court. If you are testifying on your own behalf in a case, check these statements and expected questions very carefully with your lawyer to avoid surprises at trial. If you listen carefully to the question, you must consider the scope of the question and not go beyond the subject at hand. In particular, if you are cross-examined by a lawyer for the opposing party, do not provide information that has not been requested! This will only help the opposition get additional facts to bury your case or that of your ally. If the answer to a summoned question is “yes” to cross-examination and you feel compelled to voluntarily make a statement that minimizes an adverse appearance, remember that your lawyer may question you again to allow for the possibility of such a statement. If you try to “slip” the statement into your cross-examination testimony, you will appear very defensive on the witness stand and damage your own credibility. When your name is called, go directly to the witness box. At some point, whether on the way or when you sit down, you will be sworn in.
The courtroom is the domain of the judge. Unlike a hospital, you are a guest. Act accordingly. Lawyers spend much of their careers cross-examining opposing witnesses and pride themselves on mastering this art. The average witness may testify once or twice in his or her life, is already nervous in the unfamiliar environment of a courtroom, and has a serious disadvantage because counsel sets the tone for cross-examination, chooses the questions to be asked, and has the right to force the witness to answer the most important questions.
