Tips for Testifying in Court

For many, a divorce hearing is the first time they step into a courtroom.   Like anything in life, it is important to be prepared.   It is normal to be nervous before testifying, but with these tips, you can ease your fears and testify like a pro.

• Dress for the occasion.   Wear clothing that shows respect for the Judge.   Clothing you would wear to church or synagogue is appropriate.  Work out clothing, provocative clothing, or sloppy dress, is not.  Try to avoid wearing jeans if you have other options. 

• Review your testimony with your attorney.  It is okay to practice what you are going to say.   Practicing eases your nerves and allows you to think about your answers.

• Anticipate what the opposing lawyer will ask you.  Try to predict cross-examination questions with your attorney.   If you are worried about being asked about a topic or specific question, it is okay to discuss and formulate a response in advance with your attorney. 

• Listen to the questions being asked.   If you do not understand a question or do not hear the question, ask for clarification or for the question to be repeated. 

• Only answer the question being asked.   You do not have to volunteer information.

• Do not get rattled by opposing counsel.   Do not argue or raise your voice.   Oftentimes opposing counsel is trying to get you to react in an angry, aggressive, or controlling manner; you need to stay calm.  It is okay to be emotional but not overly emotional.  Remember to be respectful of the Judge and his/her Courtroom.

• Do not ramble when answering a question.   This is where practicing helps.   Give short concise answers, especially on cross-examination.  

• Always tell the truth even if you think it will hurt you.   If you lie or mislead the court and it is brought out on cross-examination your credibility will be damaged.  It is better to tell the truth even if it is not flattering then to have opposing counsel discredit you.

• When testifying, try to avoid using absolute words such as always and never, as these words can discredit your testimony.  Rarely is there an occasion where something always or never occurs. 

• Avoid using phrases such as “I would not lie to you” or “Honestly”.  All of your testimony should be honest. 

• Tone is important.  Do not be confrontational or hostile. 

• Practice, Practice, Practice.  While in the shower, looking in the mirror, driving in your car, practice your answers to the tough questions.  With practice you will learn to say what is important in a succinct manner. 

• Try not to look up at the sky when you are answering questions.  If you would rather not look at the attorney asking you questions then pick a spot on the wall and look at that spot.  If you can, occasional eye contact with the Judge is nice. 

• If an attorney states an objection, stop speaking immediately.  The Judge needs to rule on the objection.   If the objection is sustained you cannot continue your answer.  If the objection is overruled you can continue your answer.  As long as you stop speaking the Judge can do his/her job.  If you are unsure if the Judge’s ruling means you can answer or not, don’t worry because the Judge or questioning attorney will let you know if it is okay to continue with your answer.

• When you are a party in a court case you are in the courtroom for the entire proceeding, not just your testimony.  It is important that you present well in the courtroom even when you are not testifying. The Judge is always looking around the courtroom and observing what you are doing. 

Here are some tips for your behavior when others are speaking or testifying, especially your spouse:

• Do not shake your head vigorously in agreement or disagreement of the testimony.  Do not sigh loudly, do not speak out, do not jump out of your seat, do not raise your arms in the air, or otherwise call attention to yourself.

• Do not talk to your attorney.  Your attorney must pay attention to the testimony so he/she can object and determine what questions to ask on cross-examination.  Your attorney cannot do his/her job and listen to you at the same time.  Keep a pad and pen and write notes to your attorney.  Write calmly and not furiously; you need to show that you are in control of yourself. 

• Sit respectfully in your chair.

• Do not chew gum, eat, or drink beverages other than water in the courtroom.

Courtrooms are open to the public.  You can go to the courthouse and observe a trial, and observe the Judge scheduled to hear your trial, before your court date.

(10/12/12)