How to testify in Court. 3-step process to Testify to WIN in Trial.
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- Опубликовано: 27 май 2024
- Are you concerned about your testimony for the Court Date coming up? I’m going to share a couple of tips I’ve learned over the years that will help you give the type of testimony that wins trials. If you want to know how to answer questions in court, we have your answers.
Chapters:
00:00 - Intro
00:16 - Listen to the Question
01:07 - Understand the Question
02:06 - Answer the Question
02:49 - The Seven Deadly Questions
04:41 - Three Steps
05:02 - Some other tips and tricks
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LISTEN TO THE QUESTION
This may seem obvious but is the most commonly ignored piece of advice. When the attorney begins asking a question, many witnesses think they understand the question before it is finished. Then, the witness answers a question that isn’t even finished yet.
Obviously, when the question isn’t yet finished, then it is impossible to accurately answer the question. For example, if asked, “Didn’t you sign this contract…” and you answer “Yes!” before the rest of the question “…to commit fraud?” can you see how that may create a problem for you?
When you’re testifying, don’t be afraid to SLOW DOWN. Let the attorney fully finish the question, then repeat the question back to yourself inside of your head. This will ensure that you’re listening to the entire question.
This will also help to ensure that you understand the question before giving your answer.
UNDERSTAND THE QUESTION
Attorneys are highly education professionals. Unfortunately, this education sometimes disconnects them from their own clients. Sometimes attorneys are too educated for their own good.
Attorneys spend approximately 7 years in school before they can take the Bar Exam. Through all these years of education, they learn a lot of big words. These complicated and fancy sounding words often hurts them in Court. They may not mean to do it, but at some point during your testimony, the attorney is going to use a weird word, and you’ll have no idea what it means. Mark Twain said it best, “Don’t use a five-dollar word when a fifty-cent word will do.”
For example, if asked “At what point did you direct aspersions to my client?” but you have no idea what aspersions are, then DON’T answer the question! Don’t be afraid to ask the attorney to clarify, or to tell the attorney that you do not understand what the word means.
Before you can answer the question, you need to understand the question.
ANSWER THE QUESTION
Again, this seems obvious, but if you don’t answer the question that is actually being asked, then one of the attorneys will object. Your own attorney may even object to your testimony. I have actually objected to my own client’s answer to one of my questions. If you hear, “Objection, Nonresponsive” then that means the attorney thinks you didn’t answer the question.
For example, if asked, “Did you see Mr. Defendant stop at the red light?” and you answer “Well, it was really hard to see from where I was standing.” then you didn’t actually answer the question that was asked of you. The answer here is a simple “Yes” or “No.” Did you see Mr. Defendant stop, or did you not?
THE 7 DEADLY QUESTIONS
Ok, these questions aren’t actually deadly, but they are the most common questions that you will be asked. Listen for these questions and be prepared to answer them correctly.
Who? - If asked “Who was with you…” then your answer should provide the person’s name.
What? - If asked “What is your favorite color?” then your answer should provide your favorite color.
When? - If asked “When did you…” then your answer should provide a date and/or a time of day.
Where? - If asked “Where did you…” then your answer should provide a location.
Why? - If asked “Why did you…” then your answer should provide the reason that you took the action.
How? - If asked “How did you…” then your answer should provide the manner in which you took the action.
Yes/No - If asked a question where the answer is clearly Yes or No, then your answer should clearly be Yes or No.
Yes/No questions are the most difficult to answer because the answer isn’t always quite so black or white. Most answers end up being some varying shade of gray in between. If the answer is mostly yes, or mostly no, then your answer can provide a short clarification as to why you can’t simply respond with Yes or No.
For example, if asked, “Isn’t it true that you ate my client’s cupcake without his permission?” The truth is that you ate a cupcake that you thought was yours, but then later found out that it was someone else’s. In that s...
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its important to not let the the atty get you excited and answering without thinking ,i always repeat the questions back to them to make sure i heard them correctly and give me time to formulate a clear and concise answer ,also important to note that making the record crystal clear is vital and being aware of the court reporter and their job will help you be careful not to speak over people or too quickly and make their job more difficult
Why would you atty try to get you excited?
@@Jeffisme555 to make you speak with out thinking first
I have been summons to a court case as a witness in a couple months and this has helped a lot!
Outstanding! We're so happy to help you feel at ease for your upcoming hearing. Did you see our other video on Preparing for a Court Appearance? ruclips.net/video/2u6-rYutid4/видео.html
American Ninja. If you are not a party to the suit you don’t have to testify if you don’t want to. 🙂
spectacularly helpful!
We're glad you found this video helpful! Do you have any ideas for future videos?
Thank you
Super helpful
Thank you! We appreciate the kind words. 😍
This is such great advice.
Thank you! We try really hard to put out helpful and informative content. ♥
Good, especially re the cup cake!
Thank you I have a divorce trial coming up very helpful
You are absolutely welcome! I'm glad you found this before your hearing, and glad you found it beneficial. If you haven't seen it yet, we have another Video (Your Court Appearance) that you might find helpful.
Come back after the hearing and let us know if there's something you'd like to see us cover in a future video.
Thank you for your effort and time in teaching us the crap that you had to go through to understand what we cannot in layman's terms
I can't believe I just took an English lesson. How to answer "What, When, Where" 😂
Im getting ready to point the finger in court. Any tips ?
Ok.
Yup
I'm nervous 😨
Thanks for this information. Very helpful. Makes sense.
Does one have to show up in court for a hearing, no matter what type of a civil case it may be, if the pleading did not have the respondent's present correct legal name but was handed/served to the person anyways?
Well, if it is a misspelling of the person's name, that's known as a "misnomer" and doesn't render the service of process void. For example, if the pleading sues "Jon Smith" but your name is actually "John Smith" then you should still respond to the suit. If the facts are pointed at the correct person (even if not properly named) then you run the risk of a Default Judgment by ignoring it.
There's an opportunity in the first 30 days after answering (at least in Texas) for someone to correct the spelling of the name.
@@MatthewHarrisLawPLLC Thank you. So if the name is Steve Smith but the papers say Steven John Smith then?
I like that you quickly understand my question 👍.
And if one does tell the other party's attorney of the wrong name on pleading weeks before the hearing and they do not still fix the error in name of the respondent and reserve it or at least correct in with Court and mail amended pleading to the party, then where it stands for appearance?
Also, if respondent's name, is known to the moving party only in their official government public servant civilian capacity, could that party take one's driver license info that was provided for other official business but uses that information to use in their legal matter to serve pleading on the respondent, is that legal?
For example, if you gave lets say your driver license name and contact info to a public government office to conduct business but an employee there takes that info to lets say sue you, is it allowed or is ontained in violation of one's 4th Amendment and legal consitutiinal right to privacy violation?
Hello. How do I use my C.R.A.C. here ? Police officer claimed I was texting & driving. His car cam 📷 captured the scene of me driving by, but I did NOT have a phone and my hands ✋️ were unable to be seen... How do I argue this ?
i have a eeoc right to sue letter in N.C. need assistance...
I have so often noticed that the questions asked are nothing more than an attempt for an attorney to ‘testify’ hoping to influence the jury. You can instruct to disregard but once heard by the jury, too late.
*1:55** In courts, do they not consider us idiots because we do not understand their language of legalese? Why not say I do not understand, and which definition of that word are you are using, which dictionary and which edition is that definition from?*
Way
Lesson: Never eat a cupcake without checking whose it is first.
Kako vratiti moja sredstva sva
3:20 When, where, why, what how questions: *Can you not ask them why is that important and how is your question relevant?*
That is your attorney’s responsibility, not that of the person providing testimony.
Yes, relevance is an objection that can be utilized
🙏💜🙏
Court question: What is your favorite color?
Answer: Blue.
Court question: What is the airspeed velocity of an unladen swallow?
Answer: What type of swallow?
Great video, by the way.
😆😆😆 Thank you!
Plaintiff must appear. STATE OF will never appear, only BAR attorneys. Demand your rite to cross examine the plaintiff.
4 years of English and 3 years of law school... that's far from being a neuro surgeon. 😊