If you are called as a witness in a divorce case, you probably have chosen a side. After all, your friend, relative, or employer is the one who asked you for help, it’s natural to feel loyalty to that person.
If you are a brother, sister, mother or father, your entire family could be affected by the court’s decision. If he’s a teacher or daycare provider, he may feel closer to the parent he knows best. Regardless of why you are being asked to describe his contact with the family, the following tips will be helpful to you.
1. Tell the truth. He may be inclined to color his testimony to help the person who called him. Hopefully what you say will do that. However, if you exaggerate or lie, the opposing attorney is likely to spot inconsistencies in what you say and ask clarifying questions in cross-examination that may make it seem like you weren’t being completely honest in the first place. If that happens, the judge is less likely to take your statements seriously.
2. Don’t be angry. That can be difficult. Lawyers are trained to ask questions in the most annoying way possible. We are trying to protect our client’s interests, and the less credibility the opposition witnesses have, the better for us. If we can get someone to stand up, or make them appear hostile, we have a better chance of showing the judge that what he says shouldn’t be made too much of. After all, if they’re telling the truth, they wouldn’t have any reason to get defensive, right?
3. Be sure to answer the question that is asked. Sometimes you may think that the judge needs information that you have and that the lawyers are not going to ask for it. This may be so, but the lawyer may have good reasons for not asking for that particular fact.
The judge may not be sympathetic to what you might say, and the lawyer doesn’t want to upset him. The other facts that have been presented may make the part you want to add not useful to the case. Even if it is something that the attorney wants to establish, there may be other things that need to be established first.
If you let your contribution slip prematurely, you could hurt its effectiveness. Some things have to have a “foundation” before they can be brought out. If what you say is the subject of the other party’s objection, it won’t be as easy to use when it could have done the most good.
4. If you don’t understand the question, ask for clarification. Explain that you don’t understand what information is being sought if you don’t know it. Do not play the fool. However, if the question doesn’t make sense, it may be misspelled.
Lawyers can find themselves in a situation where they know what information they want, but just aren’t sure how to get it. Things change during a trial, and testimony that seemed necessary in preparation may not be as important as the case unfolds. Conversely, things may come up that the attorney did not consider beforehand, and they may suddenly realize that some piece of information may be useful.
Unfortunately, that kind of question can come up so suddenly that it doesn’t come off right. The moral here is that you should always understand what you are replying to, and you should never hesitate to ask for more information before you reply if you need it.
5. In some cases, attorneys request what is called a “witness separation.” This is done so that a person cannot change her testimony based on what he heard someone else say on the witness stand. After the test is done, he may be able to stay and watch the rest of the case. Whether you haven’t filed for separation or are allowed to stay and watch the Proceedings after you’ve spoken, here’s a piece of advice that will prevent you from being yelled at, dragged out of the courtroom, or, in extreme situations, sent to court. jail for contempt of court. .
Don’t shake your head. don’t laugh Don’t interrupt the witness, even if he thinks the performance is false. Do not try to give answers to the witness. In short, pretend you’re a fly on the wall and don’t say a word unless the judge or one of the lawyers asks you to.