How to Prepare and Testify as a Witness
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How to Prepare and Testify as a Witness Michelle Viste Executive Director, Office of Crime Victim Services Wisconsin Department of Justice
Transcript of How to Prepare and Testify as a Witness
How to Prepare and Testify as a Witness
Michelle VisteExecutive Director, Office of Crime Victim Services
Wisconsin Department of Justice
Goal of Presentation:
•To enhance your ability to effectively and ethically testify as a witness in court
MOST IMPORTANTLY
You are in court as an independent witness
Three Things to Cover in Presentation:
Preparedness
Demeanor
Tips and Techniques
Why Prepare?
The 4 C’s
Certain
Confident
Consistent
Credible
Preparedness
STEP ONE:
Review Report, Records, Notes More Than Once
Preparedness
STEP TWO:
Meet With the
Prosecutor
Meeting with the Prosecutor
DODiscuss the
questions you will be asked and practice answering
them
Ask how the prosecutor wants you to say
something
Be up front about the
limitations of your testimony
Ask if there are any pretrial rulings you should be aware of
Know the rules,
policies, and procedures of
the court
Discuss what exhibits will
be used
Meeting with the Prosecutor
DON’T
Ask the prosecutor what they want you to say or let the prosecutor
tell you what you should say
Let the prosecutor prepare you by just reading typed questions
and answers
Contact by Defense Team
You may be contacted defense
counsel or a defense
investigator
You can speak with them, but
are not required to
You can tell them you will
speak with them if the
prosecutor is present
Watch Other Trials
Prepare Physically and Mentally
Demeanor- Out of Court
Dress Professionally
Behave Professionally
Demeanor- In Court
• Speak slowly and clearly and keep your voice up
• Speak into the microphone if there is one
• Drink water if you need to
• Be prepared to have to stand up and walk around
• Stay as calm and relaxed as possible
• Be professional
Role of the Defense Attorney
Role of the Defense Attorney
Duty to Protect Client’s Interest
Paid to be the Defendant’s Advocate
Goal is to take the focus off the defendant and place it elsewhere
Admit you made a mistake only if you actually made a mistake
Tips and Techniques
ALWAYS TELL THE TRUTH
• More than just refraining from telling a lie
• If you tell the truth and tell it accurate, you have nothing to fear on cross-exam
• Even a mild distortion of the truth can be used to discredit your entire testimony
TipsListen to each question carefully
Take your time before answering
Do not guess or speculate
Only answer the question that has
been asked
Tips
TipsLook at the jury when answering
questions
Talk at the jury’s level
Do not omit unfavorable facts
Clarify or correct inaccuracies
Tips
Exhibits
Your CV or resume
Your report
Medical Records Demonstrative Exhibits
Photos
ObjectionsPAUSE before you answer; if you already
started, STOP answering
OVERRULED means you may answer the question
SUSTAINED means you don’t answer the question and wait for the next question
Maintain Composure
Be polite, courteous
and straight-forward
Never be angry or
speak out of turn
Do not be sarcastic or rude with an attorney
Avoid personality
contests with
defense attorney
It is the prosecutor’s
job to advocate for the victim
Discussion Questions
•You are asked on the stand whether you met with anyone to discuss the case prior to your testimony. What do you say?
Discussion Questions
•The prosecutor hands you a script with the questions and answers for your testimony for you to memorize. What do you do?
Discussion Questions
•What would you do if a lawyer asks you to give your opinion as to whether you believe the victim when you are on the stand?
Testimony Outline
• Sworn In• Establish your connection with the case• Educational background, training, and experience• Examination• Conclusions• Cross-Examination• Re-Direct• Re-Cross
Questions/Further Discussion
Thank you for what you do!!!!
Michelle Viste, DOJ
(608)266-0109
