Courtroom Demeanor Courtroom Demeanor and Testimonyand Testimony
Courtroom Layout or SceneCourtroom Layout or Scene
Normal SequenceNormal Sequence
Invoke “the rule”- clears the courtroomInvoke “the rule”- clears the courtroom Plaintiff attorney- Opening statementPlaintiff attorney- Opening statement Defense attorney- Opening StatementDefense attorney- Opening Statement Plaintiff presents case Plaintiff presents case Judge rules on motions and objections Judge rules on motions and objections Defense attorney moves for directed Defense attorney moves for directed
verdict verdict
StressStress
With careful preparation, a witness With careful preparation, a witness may find that testifying in court does may find that testifying in court does not have to be a stressful not have to be a stressful consequence of their job. consequence of their job.
Fact Witness Fact Witness
Has personal knowledge of events Has personal knowledge of events pertaining to the casepertaining to the case
Can only testify to things he/she Can only testify to things he/she personally observed personally observed
Fact WitnessFact Witness
Can’t offer opinionsCan’t offer opinions
Expert Witness Expert Witness
Offer opinions that may assist the Offer opinions that may assist the judge or jury in understanding judge or jury in understanding technical knowledgetechnical knowledge
Generally allowed more leeway than Generally allowed more leeway than a fact witnessa fact witness
Court evaluates the content of their Court evaluates the content of their testimony for admissibility testimony for admissibility
Expert WitnessesExpert Witnesses
What is an expert witness? What is an expert witness?
One who has specialized knowledge, One who has specialized knowledge, skill, experience or training and is skill, experience or training and is called upon to submit an opinion.called upon to submit an opinion.
CredentialsCredentials
DegreesDegrees LicenseLicense CertificationCertification Professional OrganizationsProfessional Organizations PublicationsPublications LecturesLectures
ExperienceExperience
Work experienceWork experience Specialty experienceSpecialty experience Evidence of expertise in the area Evidence of expertise in the area
under questionunder question Research experienceResearch experience PublicationsPublications LecturesLectures
CredibleCredible
Do not “puff” your opinionsDo not “puff” your opinions Do not try to evade issuesDo not try to evade issues When you are wrong admit itWhen you are wrong admit it
Articulate in PresentationArticulate in Presentation
Use clear, understandable languageUse clear, understandable language Watch how fast you talkWatch how fast you talk Look up, speak clearlyLook up, speak clearly Neither speak down or up to the juryNeither speak down or up to the jury Do not obfuscate with language that Do not obfuscate with language that
lay public will not understandlay public will not understand
Dressed for SuccessDressed for Success
Your dress speaks before you doYour dress speaks before you do Use your appearance and demeanor Use your appearance and demeanor
increase your persuasivenessincrease your persuasiveness
Mistakes Expert Witnesses MakeMistakes Expert Witnesses Make
Lack of expertiseLack of expertise Failure to prepareFailure to prepare Incomplete knowledge of the lawIncomplete knowledge of the law PuffingPuffing FlappableFlappable
Mistakes Expert Witnesses MakeMistakes Expert Witnesses Make
Taking it personallyTaking it personally Trying too hardTrying too hard Wrong standard of careWrong standard of care
Healthcare ProfessionalHealthcare Professional
Straddle Straddle Fact or Expert Witness?Fact or Expert Witness? May state the facts, may offer opinion-May state the facts, may offer opinion-
can be challengedcan be challenged Judge decides to admit or notJudge decides to admit or not
Testimony PreparationTestimony Preparation
Record keepingRecord keeping Well organizedWell organized StandardizedStandardized Readable for style Readable for style
May draw pictures/sketch, include May draw pictures/sketch, include photographs photographs
Pre-Trial Responsibilities Pre-Trial Responsibilities
NotebookNotebook Good Reports- if it isn’t in the report, Good Reports- if it isn’t in the report,
it didn’t happen! it didn’t happen!
Preparation ChecklistPreparation Checklist
Obtain Original Report Obtain Original Report Schedule a Preliminary Meeting with the Schedule a Preliminary Meeting with the
Attorney calling you as a witness if you are Attorney calling you as a witness if you are an expert witnessan expert witness
Re-Read your Report Re-Read your Report Review photos, tapes and statements Review photos, tapes and statements
Subpoena/Subpoena Duces Subpoena/Subpoena Duces TecumTecum
What is a Subpoena?What is a Subpoena? What is a Subpoena Duces Tecum?What is a Subpoena Duces Tecum? Does this give you the authority to Does this give you the authority to
release confidential information?release confidential information? What should you do?What should you do?
Introduction to Courtroom Introduction to Courtroom DemeanorDemeanor
Witness Examination Witness Examination Procedure; Procedure;
Plaintiff's Case Plaintiff's Case Direct examinationDirect examination Cross-examinationCross-examination Re-direct examinationRe-direct examination Re-cross-examinationRe-cross-examination
On the Stand On the Stand
Attitude of Confidence Attitude of Confidence Not cockinessNot cockiness Maintain Composure and dignityMaintain Composure and dignity
Body Language Body Language Sit up straightSit up straight Close enough to use the microphoneClose enough to use the microphone Keep materials organized neatly in front of Keep materials organized neatly in front of
youyou Look at attorney that is questioning you. Look at attorney that is questioning you.
Respond to the juryRespond to the jury Establish a connection with the jury Establish a connection with the jury
On the Stand On the Stand
Remain open & friendly Remain open & friendly Speak clearly, slowly and concisely Speak clearly, slowly and concisely Keep sentences short and to the point Keep sentences short and to the point Maintain a steady voice toneMaintain a steady voice tone Listen to each question before Listen to each question before
responding responding If you do not understand ask the If you do not understand ask the
attorney to rephrase attorney to rephrase
On the Stand On the Stand
If you do not know the answer to a question say, “I do not know.”
Do not preface responses with “I believe or I estimate”
Use “As far as I know, or I’m pretty sure that…”
Role of Judge Role of Judge
Interprets provisions of the law Rules on Jury Instructions Rules the courtroom and the process of trial
Role of Jury Role of Jury
Determine Judgment in the matter
PACEPACE
Do I have too?Do I have too?
Dealing with AttorneysDealing with Attorneys
Attorney’sAttorney’s
Cooperate with the Cooperate with the attorneyattorney
Address your responses Address your responses correctlycorrectly
Take time to formulate Take time to formulate your answeryour answer
Allow time for objectionsAllow time for objections Don't volunteer Don't volunteer
informationinformation
Plaintiff or Defense AttorneyPlaintiff or Defense Attorney
Treat both attorneys the Treat both attorneys the samesame
Do not allow yourself to Do not allow yourself to become irritated or become irritated or angeredangered
Don't allow yourself to be Don't allow yourself to be led into an argument led into an argument with the defense/plaintiff with the defense/plaintiff attorneyattorney
Don't be misled or Don't be misled or trappedtrapped
Don't try and be clever Don't try and be clever or funnyor funny
Don't be timidDon't be timid
Precision and accuracy of Precision and accuracy of witnesses testimonywitnesses testimony
Know your factsKnow your facts Review your testimony before courtReview your testimony before court Don't discuss your testimony with Don't discuss your testimony with
witnesses who have preceded youwitnesses who have preceded you
How to improve your testimony on How to improve your testimony on the standthe stand
Don't lieDon't lie Don't exaggerateDon't exaggerate Don't guessDon't guess Qualify "yes" or "no" answersQualify "yes" or "no" answers Give testimony of the substance of a Give testimony of the substance of a
conversationconversation
How to improve the accuracy of How to improve the accuracy of your testimonyyour testimony
Refer to your notesRefer to your notes Use evidenceUse evidence
Tips for Testifying Tips for Testifying
Don't let personal Don't let personal feelings enter into your feelings enter into your testimonytestimony
Don't be influenced by Don't be influenced by other witnessesother witnesses
Don't let attorneys put Don't let attorneys put words into your mouthwords into your mouth
Avoid terms that are Avoid terms that are derogatoryderogatory
Include all points; don't Include all points; don't omit the truthomit the truth
Opinion evidence Opinion evidence base each opinion on facts that led you to that base each opinion on facts that led you to that
opinionopinion clarify in your own mind when fact ends and clarify in your own mind when fact ends and
opinion beginsopinion begins Testimony regarding profanity; tell the Testimony regarding profanity; tell the
court that indecent words were used and court that indecent words were used and ask if court wants to have them repeated ask if court wants to have them repeated exactlyexactly
Attorney PersonalitiesAttorney Personalities
Common tactics used by attorneys during cross- Common tactics used by attorneys during cross- examinationexamination offensive or rapid-fire questionsoffensive or rapid-fire questions condescending counselcondescending counsel friendly counselfriendly counsel badgering or belligerentbadgering or belligerent
How to react to counsel tacticsHow to react to counsel tactics do not arguedo not argue avoid displays of biasavoid displays of bias do not joke or laughdo not joke or laugh be responsivebe responsive perform like a professionalperform like a professional
Tactics of Cross-ExaminationTactics of Cross-Examination
Pretrial Discussions Pretrial Discussions Refusal to Discuss with Defense Refusal to Discuss with Defense
CounselCounsel Repetitive Questions Repetitive Questions Advice on legal issuesAdvice on legal issues Multiple or Compound Questions Multiple or Compound Questions Misquoting Prior TestimonyMisquoting Prior Testimony Rapid-Fire Questions Rapid-Fire Questions
Tactics of Cross-ExaminationTactics of Cross-Examination
Unreasonable Demand for “Yes” or “No”Unreasonable Demand for “Yes” or “No” Trick Questions Trick Questions Question expert’s AuthorityQuestion expert’s Authority The “Iffy” QuestionThe “Iffy” Question Condescending ApproachCondescending Approach Friendly Approach Friendly Approach Badgering Badgering Wrong Name, Wrong Rank DiversionWrong Name, Wrong Rank Diversion
Tactics of Cross-ExaminationTactics of Cross-Examination
Switching TestimonySwitching Testimony Staring Staring Endeavor to Develop Conflicting Endeavor to Develop Conflicting
TestimonyTestimony Use of Prior Transcripts Use of Prior Transcripts Deposition Deposition
Questions ?Questions ?