Your testimony can be essential to your hearing. It is important that you properly prepare before you testify. When testifying, there are several basic rules to remember. If you follow these rules, you should do a good job of testifying.

1. Be familiar with the document in your case. Stick to the facts. You're on safe ground as long as you tell only what you saw - not what you think happened, or what you heard someone else say took place.
   
   
2. Be brief and concise. Do not ramble when offering evidence to support a new request.
   
   
3. TELL THE TRUTH; do not minimize, but do not maximize either.
   
   
4. If you don't know the answer DON'T GUESS, but say you don't know. If you don't understand a question, don't be ashamed to state frankly, "I don't know what you mean." Do not answer until you fully understand the question.
   
   
5. Take your time when answering questions. Give the question such thought as it requires to understand it and formulate your answer. Then give the answer. Explain your answer, if necessary. If a question can't be truthfully answered with a "yes" or a "no," you have a right to explain the answer.
   
   
6. Be honest, but do not volunteer information on cross examination. Answer directly and simply only the question asked you, and then stop.
   
   
7. Be direct with the judge. The judge will not appreciate evasiveness and, depending upon the judge, you could be reprimanded.
   
   
8. If you are stating dates, times and places, etc., be exact. If you cannot be exact, make certain it is understood that you are only estimating.
   
   
9. If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it immediately.
   
   
10. Talk slowly and loud enough on the witness stand so everyone can hear you. Speak clearly and distinctly, using only words, phrases and terminology that you understand.
    
    
11. Keep your hands away from your mouth and do not chew gum. You can't speak distinctly while chewing gum or with your hand over your mouth. Speak clearly and loud enough so that the judge and court reporter can easily hear you.
    
    
12. Always answer verbally so it can be properly recorded. Do not nod your head.
    
    
13. Be serious in the courtroom. Avoid joking and wisecracks. Testifying is a very serious matter and not one to be taken lightly.
    
    
14. Avoid laughing or talking about the case in the hallway or restrooms of the courthouse in such a way that the other party and counsel and witnesses for the other party may see or hear you.
    
    
15. Be sincere. Don't be sarcastic or appear dissatisfied with the judge or attorney for the other side.
    
    
16. When the judge is asking questions, try not to look to the attorney or advocate for help. If you appear to require assistance with your testimony, it could jeopardize your credibility and sincerity.
    
    
17. Be especially respectful of the judge. It is usually wise to respond to the judge as "your honor." Never argue with the judge, the other party, or the attorney for the other side, if there is one. Stay calm. Do not lose your temper.
    
    Remember that some attorneys on cross examination will try to wear you out so you will lose your temper and say things that are not correct or that will hurt your testimony. Don't appear to be a cocky witness. This may lose you the respect of the judge.
    
    
18. Be courteous. Never interrupt the judge or anyone else during the hearing. If something needs to be clarified, wait until it is your turn to testify or ask to make a clarification at the end of the hearing. Stop speaking instantly when the judge interrupts.
    
    
19. A neat appearance and proper dress in court are important. A suit is not required, but jeans and T-shirt may threaten your credibility. Proper dress shows respect for the court.
    
    
20. When you leave the witness stand after testifying, wear a confident expression, but don't smile or appear downcast.
    
    
21. Now, go back and reread these suggestions so you will have them firmly in your mind. They do not need to be memorized.

Disclaimer: This information is not legal advice. If you have a legal problem, you should talk to a lawyer and ask for advice about your options.

June 2000
Published in conjunction with Department of Aging Services Title III.