Six Witness Rules

 Posted on August 10,2007 in Uncategorized

Via Beaumont, Texas criminal-defense lawyer Ryan Matuska (one of my former UHLC trial ad students now fighting the good fight), the Six Big Witness Rules:

#1 TELL THE TRUTH – ALWAYS!

NEVER GUESS. IF YOU DON'T KNOW THE ANSWER, JUST SAY SO. SAY "I DON'T KNOW" OR "I DON'T REMEMBER." ABSOLUTELY DO NOT GUESS OR MAKE UP DETAILS THAT YOU ARE UNSURE ABOUT. ONLY SAY WHAT YOU KNOW. EVEN IF IT SEEMS LIKE A SMALL DETAIL, DON'T GUESS.

#2 LISTEN TO THE QUESTION ASKED

IF YOU DIDN'T HEAR THE QUESTION, MISSED PART OF IT, FORGOT IT, OR DIDN'T UNDERSTAND IT, PAUSE. ASK THE LAWYER TO REPEAT THE QUESTION OR LET HER KNOW YOU DIDN'T UNDERSTAND IT. CHANCES ARE THE JURY OR JUDGE DIDN'T EITHER.

#3 ANSWER THE QUESTION ASKED AND THEN STOP. DON'T RAMBLE ON ABOUT SOMETHING ELSE. THIS ONLY CREATES MORE QUESTIONS. ANSWER WHAT WAS ASKED AND STOP THERE.

SOME QUESTIONS SEEM UNFAIR BECAUSE THEY ARE TOO NARROW. RELAX. JUST ANSWER WHAT WAS ASKED, NO MORE. REMEMBER THERE ARE TWO ATTORNEYS. AS YOUR ATTORNEY, I WILL EXPAND THE ANSWERS DURING MY QUESTIONING. DON'T FEEL OBLIGATED TO EXPLAIN A NARROW ANSWER. LET THE ATTORNEYS DO THAT.

#4 WHEN AN ATTORNEY MAKES AN OBJECTION, STOP TALKING IMMEDIATELY. BE POLITE AND RESPECTFUL. THE JUDGE WILL MAKE A RULING AND QUESTIONS WILL BEGIN AGAIN.

#5 BE ON YOUR BEST BEHAVIOR. REMEMBER THAT EVERYTHING YOU DO IN THE COURTROOM IS WATCHED AND JUDGED BY THE JURORS. DRESS NICE. CALL PEOPLE BY THEIR LAST NAMES. REFER TO THE JUDGE AS "YOUR HONOR" OR "JUDGE." BE POLITE ("YES, SIR," "YES, MA'AM.").

#6 BREATHE. YOU WILL BE NERVOUS. WHEN PEOPLE ARE NERVOUS THEY HOLD THEIR BREATH. IT'S A REFLEXIVE RESPONSE TO DANGER. TELL YOURSELF TO BREATH. BY BREATHING YOU WILL NATURALLY RELAX. JUST PAUSE AND TAKE A DEEP BREATH.