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Published byArnold Thomas Wheeler Modified over 9 years ago
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Courtroom Testimony
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Preparation Before Court
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Review notes and reports beforehand Have a legal knowledge of the case Bring notes with you to court Bring exhibits with you to court Wear appropriate attire
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Demeanor in the Courtroom
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Arrive in advance of scheduled time
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Demeanor in the Courtroom Give that good first impression
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Demeanor in the Courtroom Taking the oath
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Demeanor in the Courtroom Present a modest demeanor and display a sincere interest in accuracy and truth of statements.
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Demeanor in the Courtroom Avoid showing irritation and anger. Maintain self control.
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Time to Take the Witness Stand
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The first question will always be the same…
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Time to Take the Witness Stand The first question will always be the same… “Please state your name.”
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Time to Take the Witness Stand Speak loudly and clearly
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Tell the Truth
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Testify from your own personal knowledge or observation
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Listen to the Question
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Answer only the question
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It’s ok to say “I don’t know”
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Truthfully give approximations
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Do not hesitate to acknowledge an error and correct it
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Be calm, courteous and consistent
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Do not volunteer unnecessary information
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Permit yourself to be protected
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How to Handle Cross Examination
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Objectives of Cross Examination To weaken, qualify, destroy the case of the opponent Establish party’s own case by means of opponent’s witnesses
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Common Cross Examination Techniques Mispronunciation of your name Standing close to witness Dwelling on insignificant details Rapid fire questioning
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Common Cross Examination Techniques Flattery / Friendly Repeating the same question Long periods of silence Alleging or insinuating contradictions by other witnesses
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Common Cross Examination Techniques Have you discussed the facts of the case? Inviting argument Misleading the witness Condescending
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Refreshing Recollection: An exception to the hearsay rule If witness once knew something but cannot recall it during direct examination, the trial court may allow the witness’s recollection to be refreshed by reference to the police report.
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Refreshing Recollection 1 st show that the witness has knowledge but cannot recall facts. 2 nd show that the witness needs to use a writing to revive his memory. (Writing need not be written by witness.) 3 rd witness is now able to testify independently of writing.
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Recorded Recollection 1.Witness once had personal knowledge of the matters recorded. 2.Record sought to be admitted was made by the witness at or near the time the events occurred. 3.Record is accurate and trustworthy account of events it describes. 4.Witness lacks current recollection of the events in question.
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