What can I expect on the first day of a Trial, as a witness?

Question

Will the jury already be present ?
Who will they put on the stand first ?

Answer 1

All the above are good comments. I would like to add this: Don't be afraid to say I don't know, or I don't remember if you really don't. Don't guess, don't tell what you think may have happened, or something less than the truth because it may make your actions look better. Like they used to say on Dragnet "just the facts ma'am."

When you are called in to the courtroom, you will be sworn in, which is where you have to raise your right hand. Either the judge or the court reporter will ask something like "Do you swear that the testimony you are about to give is the truth, the whole truth and nothing but the truth, so help you God?" You will answer "yes, I do". You will then be directed to the witness chair/box/stand.

Wear conservative clothing and make eye contact with the jury. Keep your hands away from your face. Don't fool with your hair. Don't smile inappropriately. Don't make jokes. Don't get sarcastic, but don't get rattled by attorney's questions. If you are feeling frustrated and tense, just remember to yourself, that this too shall pass, and you will be home and safe by the end of the day.

If either attorney tries to cut you off an answer, you can turn to the judge and say "Your honor, I have sworn before this court to tell the WHOLE truth, and if not allowed to continue, that would not be the whole truth."

If you are feeling nervous and your heart is racing you can lower your heart rate by this technique: Take a very deep breath in and hold it for the count of 5, then s-l-o-w-l-y let it out. Usually drops the heart rate, and therefore some of the nervous feelings. You might want to practice this at home before you go.

When being prepped by the attorney that is calling you on this matter, don't let them tell you what to say. They may tell you the questions they will ask, and listen to your answers, but they are not allowed to put words in your mouth. Don't let them bully you into saying anything that you do not KNOW to be true. And don't let them convince you to "dramatize" events. This is a neutral forum. If the atty prepping you gets insistent about something you know will be wrong, just be agreeable to them then, then go into the courtroom and do what you know you need to do, tell the truth.

Best wishes, and tell the truth!

Answer 2

You can expect a loooooong wait. Bring a book. The attorney for the side you are testifying for may give you a copy of your deposition or written statement to review. REVIEW IT. DON'T TRY TO MEMORIZE IT. If you need to refer to it, they MAY let you on the stand. Don't be nervous on the stand. Address your answers to the person asking the questions and if someone shouts "OBJECTION", stop talking. Just try to relax, take your time and answer questions clearly and directly. If you don't understand a question, don't be afraid to ask to have it repeated. Your testimony is very important, so it's important that you are understood.

The jury should be in there, unless your testimony is part of a pre-trial or extra-curricular hearing, in which case only the attorneys, parties and judge should be present.

DO NOT speak to any party to the case, other witness or jurors during the trial. Even a simple "good morning" can be construed as influence. Nod and smile, but nothing else.

It's not nearly as dramatic as they show on television. You'll be fine.

Answer 3

You can expect to be separated from any other witnesses so that your testimony is yours alone and not influenced by anything anyone else says. If there is a jury, they will be in place. You can then expect for the prosecuting attorney to interrogate you and sometimes make you look like you are a liar or dumb as a rock by confusing you. Unless of course you are testifying for prosecution then you will be made to look like a saint by them. Then the defense attorney will make you out to be the things mentioned about. It is cool, not a big deal. You just tell what you know and above all things be honest. You do not want to be cited for perjury. Whomever the prosecuting attorney feels is the strongest witness will be put on the stand first. Sometimes witnesses are brought in and never even used.

Answer 4

First and foremost - relax! If the DA or PA (whatever they call them at your locale) is decent, they will go over EVERYTHING with you -- even their questions and your answers!

Again, they SHOULD go over what things the defense is going to ask you or attempt to enanger you with. Common tactic by the defense lawyers -- enrage you before the judge or jury to discredit you and/or your words.

Remember that with every question that spews out of their mouth and you will be tactful, decent, and appear integris to the jury and/or the judge.

BE HONEST!!! If you don't understand a question presented, ask for clarification -- from either attorney; even the judge. Once you understand the questions, formulate your answer in your head before you begin talking, then speak it.

If you didn't see something or were NOT clear about something, don't share it. Be concrete -- your testimony is in many ways binding to yourself -- you can PURJURE yourself and face crimes if you lie on the stand!

Integrity is highly regarded in a courthouse. Remember that.

Answer 5

Yes, you will wait alone and not be allowed in the court room untill it is time for you to testify, Normally you will not be asked to be present untill the hope it will be your turn that day.
You may go and sit all day and go home and come back and hope to tesify the next day.

Answer 6

how about jitters if you're not used to speaking in publc. i testified in a rape case. told the truth and was challenged by defence but no big deal. just tell the truth as you understand it.

Answer 7

To tell the truth, and be convincing and alert, and listen to the small words that will be used
to trick you, and stay calm, pray, and have no fear of man.

Gayle

Answer 8

talk to the side you are helping, the prosecution or defense.