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 ?