What to Do and Not Do when Testifying

In theory, testifying should be easy. You hear a question, you give an answer, and you stop. The reality is different. If you doubt me, watch a few episodes of Judge Judy to witness how people fumble even basic questions. In Court, your primary imperative is to tell the truth. For the rest, know your DOs and DON'Ts:

DO	DON'T
Dress neatly and conservatively — for example, as at an interview	Over dress or under dress — for example, as at a wedding
Sit up straight in the witness chair	Slouch or lean while testifying
Testify in a confident, straightforward manner	Look at me or the judge for help in answering a question
Speak frankly and openly, as you would to any friend or neighbour	Memorize what you are going to say
Speak loud enough so that you do not have to repeat yourself, and speak slow enough so that you are understood	Put your hand over your mouth, or have anything in your mouth such as gum or candy
Listen carefully to the question asked, answer the question, and stop — I call this the holy trinity of testimony	Answer a question not asked, or continue speaking after giving your answer
Ask that the question be repeated if you didn’t hear it, or clarified if you didn’t understand it	Provide an answer which might be misinterpreted
Take time to think about the question and the answer	Let the prosecutor speed you up
Respond directly to the question asked	Ask the judge if you have to answer
Answer “I don’t know” or “I don’t remember” if you don’t know or can’t remember	Guess at the answer, or provide an answer based on what someone else told you
Correct your answer immediately if wrong	Be reluctant to admit that you made a mistake
Be polite to the lawyers and to the judge	Answer in a hostile or argumentative manner