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Surviving in the CourtroomSurviving in the Courtroom

Dependency courtDependency court

Are

You

Ready?

Are

You

Ready?

Court personnelCourt personnelCourt personnelCourt personnel

Judge

Clerk, Bailiff, Court Reporter, JPO Parties Parties Parties Parties –––– DCS, parents, child, tribeDCS, parents, child, tribeDCS, parents, child, tribeDCS, parents, child, tribe

AAG & attorneys for children, parents, othersAAG & attorneys for children, parents, othersAAG & attorneys for children, parents, othersAAG & attorneys for children, parents, others

CASACASACASACASA

ObserversObserversObserversObservers

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YOU CAN BE BOTH:

1. Fact Witnesses – persons who have information based on personal observation and knowledge

2. Expert Witnesses – persons who, based on their knowledge, skill, education or experience, or other specialized knowledge, help judge understand the evidence or evaluate the facts in the case. These witnesses generally offer an opinion based on the facts in a particular case

� Be professional

� Be prepared

� Be truthful

FIVE EXCUSES USED TO AVOID PREPARATION

“My witness is way too busy for this.”

Translation: I have not properly communicated the importance of witness prep.

“I have more important things to do…”

Translation: Witness prep. is for wimps.

“Anyone can answer questions - it’s easy.”

Translation: All witnesses are created equal.

“The truth needs no preparation.”

Translation: I don’t care how I testify.

“Prepare a witness? That’s unethical.”

Translation: I don’t understand witness prep.

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W H AT Y O U C A N D O T O DAY T O

P R E PA R E F O R T H E N E X T T I M E

Develop your professional resume

Education

Training, workshops, on-the-job training,

continuing professional education

Work experience including internships, volunteer

work, and a detailed description of your current

job duties

This information is used to bolster credibility and to qualify you as an expert witness

Remember to update your CV periodically

Curriculum Vitae (CV)

� Visit the Courtroom(s)

� Watch the Juvenile Court Judge(s)

� Shadow a colleague

� Observe a colleague testify

� Document for testimony purposes

� Discuss expected testimony with atty

� Attend trainings

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Name

Current Position

Responsibilities & Duties

CV Questions

Short Form

Expanded Version

The Usual Suspects (Q&A)

Understand The Legal Issues

Check with atty about type of hearing –

dependency, termination, change of physical

custody

Discuss anticipated testimony with the atty

Review the whole file and supps, services

providers records, Psy evals,

Case Specific Preparation

common questions

How did you become involved

Can the child be returned home safely?

What are the risk of the child returning home?

What are the treatment goals and have they been met?

Basis for your expert opinion – use facts, personal

observations, or opinions of other experts

Case Specific Preparation

The Usual Suspects (Q&A)

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Create a Chronological timeline

Review court reports, services documents

Read case notes, letters, emails

Case Specific Preparation

Providing your informed,

considered expert opinion

with supporting rationale

� Dress professionally

� Separate YOU from the case

� Don’t Bring your file

� Arrive promptly, early enough to

meet with the atty

� Listen to the judges questions

� Pay attention to the questions

� Don’t make it personal

� Respect the process – regardless of your opinion about individual participants

� Remember nothing is “off the record” when you speak with other parties and counsel

� Any of the attorneys are allowed to talk with you

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When you are in the courtroom you are always “On Stage”

Watch your body language, do not:

� Roll your eyes

� Whisper to others

� Rummage through files

� Indulge in dramatic facial expressions

� React to another’s testimony

� Speak clearly and loudly enough so judge can hear you easily – make appropriate eye contact

� Use consistent body language – don’t change demeanor when questioned by opposing counsel

� Be definite, if possible, – avoid “I guess,” “I think”

� Be courteous and respectful – always

� Avoid distracting mannerisms – don’t fidget

� Use ordinary English (no slang or jargon)

� Define (or avoid) acronyms

� When answering the Judge always use “Your Honor”

� If a previous answer of yours was not correctly stated, correct it; if the answer was not clear, clarify it ASAP

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� Has the AY finished talking?

� Has the AY asked a question?

� Do you understand the question?

� Do you know the answer? Can you

find it?

� Gather your thoughts &

� Answer at your pace

Pa

ws

Pa

ws

Opportunity for the atty to Object

� Is the question objectionable?

Strategic considerations

No Objection – Answer when youare ready

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Open Ended, Non-Leading Questions by Your AAG:

Allows for a narrative response – “your story”

Testify in your own words

Based on your knowledge, observations, and opinions

Refer to your records if you need to

Direct and Re-Direct Examination

Generally Used To :

− Emphasize other positives

− Illustrate “flaws” in the case

− Discredit or diminish the effect of your testimony

May be cross-examined by each opposing party.

Leading Questions (Ones that Suggest an Answer) Allowed

Counsel will usually attempt to limit you to Yes/No or already known answers

Let the Court know if you can’t answer the question yes

or no

“Telegraph” if follow-up needed

1. Confusion:

The Compound Question

Distorting your testimony when asking a subsequent question

Misquoting someone else’s testimony

Asking a question with double negatives

2. Bullying:

Loud

Accusatory

Argumentative

“Talking you out of” your earlier testimony

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3. Friendly Best buddy leading you down the garden path

4. Pace: Rapid fire questions

Dead(ly) silence and the long stare after you stop talking

5. Repetition Same question with slight variation

6. Requiring a definitive answer: yes, no, only, never, always

7. Hypothetical Question

1. “Friendly” counsel

Example: Very courteous, polite; questions tend to

take witness into his confidence.

Purpose: To lull the witness into a false sense of

security so that he/she will give answers in favor

of the defense.

Response: Stay alert – remember, the purpose of

the defense is to discredit or diminish the effect

of your testimony.

2. Rapid-Fire Questions- allowing little time to answer.

Purpose: an attempt to force inconsistent answers.

Response: ????

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3. Staring or using long pauses

Example: After you answer the question,

counsel just stares as though there were more to

come.

Purpose: To get you, the witness, to offer more

information than the question required.

Response: Wait for the next question.

Remember, the atty is usually allowed to

answer re-direct questions if more

information is necessary.

4. Repetitious questions

Example: Asks the same question several times,

slightly rephrased.

?

?

Purpose: To obtain inconsistent or conflicting answers from the witness.

Response: Listen carefully to the question and

restate your answer. The ATTY may object for

asked and answered.

6. The definitive, suggestive question

Example: Wasn’t the mother always willing

to talk? Or, the only reason the child can’t

be returned home is….

Purpose: To suggest an answer to the

question in an attempt to confuse or to lead

the witness.

Response: Concentrate carefully on the

facts, disregard the suggestion. Answer

the question.

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Remember the “DOs”

Watch your body language and voice tone – it should be the same on direct and cross

Be confident, caring and respectful

Acknowledge freely any progress made

Anticipate & be prepared to answer the tough question(s)

Don’t worry about whether the attorney is “scoring points” with the Judge

Get stuck with “yes” or “no” answers without attempting to explain to the Court that there is more

Make excuses for people

Agree with everything the atty says

You don’t have to have a answer to everything

The Gist is not good enough, be precise

Argue with the attorneys- you cant win

Remember- you chose your words

DON’T -

Lack of preparation

Lack of professionalism.

Not listening to the question – from either the AG or from opposing attorneys

Not pausing - answering too quickly or failing to think before speaking

Volunteering information-you are not helping

Guessing at answers- Agreeing to anything

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1. I don’t understand your question

2. I don’t remember

3. I don’t know

4. Yes

5. No

6. Yellow

Look at the records -- If you forget information, but have it available in your records (you must first receive permission before looking at your notes or file)

Answer the question (if you get confused after an objection and the Court’s ruling)

Explain my answer -- when answering a “yes” or “no” question

Correct (or clarify) my previous answer

Take a break (to use the restroom, etc.)

Accurate Information + Knowledge

Credibility + Presentation + Professionalism

= Success

The Keys

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� Tell the Truth

� The Whole Truth and

� Nothing but the Truth!

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