Preparing to Testify

Barrister Amna (Alevels Academy Islamabad)

9/8/2024

A Level Academy Islamabad

Transcript

00:00The witness stand, where many court cases live or die,

00:04solidify or crumble.

00:06And it looks like it's your turn under oath.

00:09So what should you expect as a witness?

00:11And equally as important, how should you prepare?

00:14Testifying isn't just what a preacher does in a megachurch.

00:19In court, to testify is to provide evidence

00:21as a sworn witness to establish facts.

00:24You might have known that already.

00:26But what is the actual experience

00:28of being a witness like?

00:30First, let's talk about the circumstances in which you

00:32might be called as a witness.

00:34You might be asked to testify in a case that

00:36has nothing to do with you, perhaps

00:38as an eyewitness to something that happened

00:40to somebody in that case.

00:42Or if you are involved in your own lawsuit,

00:45you might want to testify on your own behalf.

00:47Even if you don't, your opponent can force you to testify.

00:52The first time you testify might be in a deposition,

00:55or it might be in the court itself.

00:57Either way, what you should do is generally the same.

01:01The most important thing to always keep in mind,

01:04tell the truth.

01:06You will always be under oath when you testify.

01:09Lying under oath is called perjury,

01:11which has nothing to do with a jury and everything

01:14to do with going to jail for a long time.

01:19Even if lying under oath weren't illegal,

01:21it's still a bad idea because your believability

01:23is crucial to winning your case.

01:25And believability comes with truthfulness,

01:28unless you're a Jedi master.

01:30So telling the truth sounds simple enough, right?

01:33Well, not necessarily.

01:35Remember that whoever is asking the questions

01:37will control how the information comes out,

01:39and they might have a view of the truth that

01:42is different than yours.

01:44So here are a few tips to make sure that your testimony comes

01:47out clear and accurately.

01:49One, never volunteer information that the question

01:52didn't ask for.

01:53You may think you're helping, but more often than not,

01:56you aren't.

01:58This means if they ask you the time,

02:00don't tell them how to build a watch.

02:02If the question can be answered with a simple yes or no,

02:05that's all you need to say, unless more explanation is

02:08needed to keep you from looking bad.

02:11Two, make sure you understand the question.

02:14If you don't, ask for clarification,

02:16and don't answer until you get it.

02:18Three, be patient, both in answering and in thinking

02:22about your answer.

02:24Four, never guess.

02:26It's OK not to know or not to remember.

02:30Just say that if it really is the truth.

02:32And don't be afraid to correct yourself if you make a mistake.

02:35Five, be comfortable.

02:38It doesn't matter what tactics or style the lawyer uses.

02:41Your job is to answer the question truthfully

02:43and nothing more.

02:45In addition to these tips, you should always

02:47be on the lookout for lawyer tricks during questioning.

02:50The classic trick question is one

02:52that incorporates something false as if it is true.

02:55Be careful not to answer the question

02:57in a way that sounds like you are

02:58admitting the false statement.

03:00That's better.

03:01And look out for other ploys, like mixing up dates and times,

03:07playing on your pride or insecurities,

03:11using double negatives, and misquoting other witnesses.

03:17Lawyers will also use silence to make

03:19you think you should keep talking or make you feel guilty.

03:23Despite preparation, being a witness can be stressful.

03:26But LegalYou is a resource dedicated

03:28to alleviating your worry and putting you

03:31in control of your testimony.

03:33LegalYou, you can do this.

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