Preparing to Testify
A Level Academy Islamabad
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LearningTranscript
00:00The witness stand, where many court cases live or die,
00:04solidify or crumble.
00:06And it looks like it's your turn under oath.
00:09So what should you expect as a witness?
00:11And equally as important, how should you prepare?
00:14Testifying isn't just what a preacher does in a megachurch.
00:19In court, to testify is to provide evidence
00:21as a sworn witness to establish facts.
00:24You might have known that already.
00:26But what is the actual experience
00:28of being a witness like?
00:30First, let's talk about the circumstances in which you
00:32might be called as a witness.
00:34You might be asked to testify in a case that
00:36has nothing to do with you, perhaps
00:38as an eyewitness to something that happened
00:40to somebody in that case.
00:42Or if you are involved in your own lawsuit,
00:45you might want to testify on your own behalf.
00:47Even if you don't, your opponent can force you to testify.
00:52The first time you testify might be in a deposition,
00:55or it might be in the court itself.
00:57Either way, what you should do is generally the same.
01:01The most important thing to always keep in mind,
01:04tell the truth.
01:06You will always be under oath when you testify.
01:09Lying under oath is called perjury,
01:11which has nothing to do with a jury and everything
01:14to do with going to jail for a long time.
01:19Even if lying under oath weren't illegal,
01:21it's still a bad idea because your believability
01:23is crucial to winning your case.
01:25And believability comes with truthfulness,
01:28unless you're a Jedi master.
01:30So telling the truth sounds simple enough, right?
01:33Well, not necessarily.
01:35Remember that whoever is asking the questions
01:37will control how the information comes out,
01:39and they might have a view of the truth that
01:42is different than yours.
01:44So here are a few tips to make sure that your testimony comes
01:47out clear and accurately.
01:49One, never volunteer information that the question
01:52didn't ask for.
01:53You may think you're helping, but more often than not,
01:56you aren't.
01:58This means if they ask you the time,
02:00don't tell them how to build a watch.
02:02If the question can be answered with a simple yes or no,
02:05that's all you need to say, unless more explanation is
02:08needed to keep you from looking bad.
02:11Two, make sure you understand the question.
02:14If you don't, ask for clarification,
02:16and don't answer until you get it.
02:18Three, be patient, both in answering and in thinking
02:22about your answer.
02:24Four, never guess.
02:26It's OK not to know or not to remember.
02:30Just say that if it really is the truth.
02:32And don't be afraid to correct yourself if you make a mistake.
02:35Five, be comfortable.
02:38It doesn't matter what tactics or style the lawyer uses.
02:41Your job is to answer the question truthfully
02:43and nothing more.
02:45In addition to these tips, you should always
02:47be on the lookout for lawyer tricks during questioning.
02:50The classic trick question is one
02:52that incorporates something false as if it is true.
02:55Be careful not to answer the question
02:57in a way that sounds like you are
02:58admitting the false statement.
03:00That's better.
03:01And look out for other ploys, like mixing up dates and times,
03:07playing on your pride or insecurities,
03:11using double negatives, and misquoting other witnesses.
03:17Lawyers will also use silence to make
03:19you think you should keep talking or make you feel guilty.
03:23Despite preparation, being a witness can be stressful.
03:26But LegalYou is a resource dedicated
03:28to alleviating your worry and putting you
03:31in control of your testimony.
03:33LegalYou, you can do this.