So You Have Been Called to Testify

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A presentation on the ways to be ready to testify should you be called More

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Added: May 11, 2009 This Presentation is Public 
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So You Have Been Called to Testify :So You Have Been Called to Testify Christopher G. Hill DurretteBradshaw PLC Chris Chapman Froehling & Robertson, Inc.


What to Expect :What to Expect Read e-mails before sending them “He said, she said” Do not destroy anything Photos are great Make sure you are covered Through the Eye of the Attorney


Pre-Trial :Pre-Trial Documents Preparation Depositions exploratory conversational under oath used later in trial will prepare you Review transcript carefully before signing it and before trial.


At Trial :At Trial Relax Dress Take a deep breath before answering. Be ready with the information. Answer what is asked. Don’t fight the attorney. If an attorney objects, stop, wait and let the Court rule.


Summary :Summary Listen to the whole question. Give a complete, yet concise answer. Answer the precise question asked. If you don’t know the answer, say so. Don’t argue- calmly answer questions. Be open, calm and friendly.


What to Do :What to Do Tell the truth. If you do not know–just say you don’t. Think before you speak. Talk in full complete sentences. Allow 5 seconds before each answer. Answer the question being asked only. Always ask to have the question repeated if in doubt or need more time to answer. Through the Eye of the Witness


What NOT To Do :What NOT To Do Never Guess. Do not answer a question you do not understand. Do not use gestures, grunts to answer. Do not explain your own thought processes or state of mind. Avoid adjectives/superlatives. Do not use derogatory terms or obscenities. Do not testify about what other people know. Do not let the examiner put words in your mouth.


What NOT To Do continued :What NOT To Do continued Do not let the examiner put words in your mouth Do not adopt an examiners summery of your own testimony. If the examiner interrupts you, let them finish and then state that you were not finished answering the question. If you have completed your answer to a question and it is correct, do not expand on it--remain quiet. Do not try to be funny. NEVER be argumentative with counsel.


Summary :Summary There is no such thing as “off the record”. Unless it is to your advantage, do not educate the examiner. If you are asked a question about a document, make sure you read it before answering the question. If you make a mistake or oversight be truthful.


More Information :More Information Christopher G. Hill DurretteBradshaw PLC Durrettebradshaw.com 804.916.6591 Chris Chapman Froehling & Robertson, Inc. CChapman@FandR.com FandR.com 804.264.2701


So You Have Been Called to Testify :So You Have Been Called to Testify Christopher G. Hill DurretteBradshaw PLC Chris Chapman Froehling & Robertson, Inc.