As a witness in court, you are a very important part of the process. In a criminal case, what you say and how you say it can save an innocent person from going to prison or ensure that an offender does not remain free to commit new crimes. In a civil case your testimony, while it does not send anyone to jail, on the other hand it can significantly affect a person's fundamental rights. It is critically important to take some time to learn the duty of the witness in court well, because judges will come to a judgment not only in relation to what you say, but also based on the impression you make.
Steps
Part 1 of 4: Preparing to Witness
Step 1. Review and organize
Consider the main points you intend to communicate, bearing in mind that you probably won't need to consider every detail. The attorney for the party you are testifying for can help you determine the most important points, but what you decide to include in your testimony is up to you. Create a paper and / or electronic document in which to insert notes or reminders, a timeline or sequence of events, documents, receipts, and information related to other items that may be useful to you as evidence, including voice recordings, conversations, and so on.
- Create a chronology of events or a list of points to discuss as you retrace the events in your memory and review the physical and electronic documents or evidence associated with certain circumstances.
- If you have a lot of evidence to support your testimony, accompany your prospectus with references and reminders of the points you are going to discuss. To begin with, report people and situations to support your side of the story.
- A simple ring binder with tabs to separate the sheets will be enough to organize a not very complex topic. If the testimony is a little more complex, use electronic tools such as PowerPoint, OneNote or Evergreen.
- Remember that during the trial the facts are of interest, not the "rumors". If you have to testify in a trial, it is not possible to report second-hand information. For example, if a friend told you he heard the defendant say he was going to rob a bank, that's not eligible. It wasn't you who gathered the accused's confidence.
Step 2. Remember that you can use your notes during your testimony
Unlike the United States, where in compliance with the "Federal Rules of Evidence" it is forbidden for witnesses to read from documents or notes written personally, in Italy it is possible to consult documents and notes drawn up by you during the deposition, but only after the judge will have authorized you to do so (for example, to verify names or dates). During your testimony, remind the judge that you need to consult this documentation in support of your memory. In any case, the lawyer will be able to tell you if you will be able to use your notes.
- If you forget what you intend to communicate during the deposition, it is very likely that you will be shown notes or documents in order to "refresh your memory". They can be used to remind you of something you are aware of that you do not remember.
- If you use written documents or notes during the deposition, the opposing party and his lawyer have the right to examine them.
Step 3. Review your written statements
If you have spoken to the police, given a statement, met with the lawyers handling the case, or said something that has been recorded (or recorded), get a copy and read it. You may have forgotten the details over time, so a reading can refresh your memory.
- Furthermore, it is better to condense, modify or "hold on hold" some points or passages related to the tests. Holding something pending means leaving something undetermined until it becomes necessary. For example, if you feel part of your testimony is irrelevant - like a personal anecdote reported in the middle of a statement about an incident you witnessed - you can keep it pending.
- Remember that if a lawyer is able to point out a discrepancy between your court testimony and your previous statements, you can lose credibility in the eyes of the judges.
- You will also be more convincing if you are able to examine the sequence of events with a confident and calm tone. By reviewing your previous statements, you can refresh your memory of what you will need to testify.
Step 4. Prepare with the attorney
Many people believe that it is illegal for a lawyer to prepare a witness in advance about the questions that will be asked in court, but it is not. The defender has the right to get a general idea of what the witness summoned by him is going to say. Here are roughly the stages of preparation:
- Describe your role and position in relation to the court case.
- Talk about what you remember, and review any statements made.
- Refer to other evidence and consider how much you remember.
- Go beyond the context represented by the cause and explain how your testimony fits into it.
- Review any other evidence that might be introduced.
- Discuss any questions the other party may possibly ask.
- Identify where your testimony might be confusing, too long, or unclear.
- Avoid speaking in dialect and don't use suggestive language.
- In Italy, the code of ethics for lawyers prohibits "talking with witnesses on the circumstances of the proceedings with forcing or suggestions aimed at obtaining compliant depositions". For this, usually, a lawyer will not agree to meet a witness, except to make him make a formal testimony. If, however, you are both a witness and a party to the trial (as an offended party or a civil party), it is likely that your attorney will want to prepare your testimony, indicating what questions you might expect (and should also be aware of the answers you will give)..
- If the opposing party's attorney is nagging you on this point, hope that you will admit that your counsel has told you what to answer (rather than how much you know or have experienced firsthand). In theory, if the lawyer who summoned you did not commit an ethical violation, this should not be the case. Either way, you should feel free to tell the whole truth during your testimony, regardless of your attorney's preparation. However, there is nothing wrong with admitting that your attorney has gone through the possible questions and reviewed the answers with you.
Step 5. Practice a little
If you are a witness in a trial that does not require confidentiality, try bringing the case to a friend or relative who is not involved in or knows the cause. If you are not sure about the confidentiality to be observed, consult the lawyer who summoned you.
- If the statements seem confusing, contradictory, or unconvincing to someone who is already prepared to accept your point of view, go back to the first step. Review the list of main topics or the timeline of events and evidence you have access to. Determine what the most convincing points are, and modify the passages of your testimony accordingly.
- At the same time, be prepared to deal with any related events or circumstances you have direct knowledge of.
Step 6. Avoid memorizing your testimony
It is important to be familiar with the details of the court testimony. You will need to give the impression that you are sure of what you say. However, if you try to memorize the testimony or the points that need oral discussion, what you are going to testify may seem obvious or mechanical.
- Memorizing and preparing to testify are two different things. Lawyers have the opportunity to review any questions and review the answers with witnesses. In this way, the witness will be able to handle the most hostile questions and will feel comfortable during the testimony.
- If you try to memorize words and deeds, you will have a harder time being confident in what you say. You may give the impression that you are "making up" your statement or that you are confused.
Part 2 of 4: Prepare for the Hearing
Step 1. Familiarize yourself with the courthouse
Visit the building and check where the classrooms, toilets, bar etc. are located so that you don't feel lost on the day of the hearing.
- Remember that you will need to go through the metal detector and go through the security check. The bag can also be searched or examined on the metal detector tape.
- Do not carry contraband goods or weapons. If you have to carry medications prescribed by your doctor, make sure they are identifiable as such and that the prescription is up to date.
- If you can, attend another trial and see how the witnesses give their testimony. This way, you will realize how testimonials work and can feel comfortable when it is your turn.
Step 2. Avoid upsetting your routine
For example, if you normally eat breakfast in the morning, don't skip it just because you feel nervous. Eating in a courtroom is not allowed. It will likely be a long time before you are called to testify once you arrive, so be prepared to wait.
It would also be best to avoid medication, alcohol, or too much caffeine before the testimony. Even a simple cough syrup or allergy medication can leave you confused and disoriented. Caffeine, on the other hand, might make you nervous. The judges pick up on these signals, which risk compromising their opinion on your testimony
Step 3. Dress well
Whether that's fair or not, judges will form an opinion about you based on your appearance, and that thought, in turn, can affect how they perceive your testimony. Therefore, avoid eccentric hairstyles, piercings, weird clothes, jewelry or flashy makeup.
- Wear "formal attire," like what you would wear to church or a funeral. It is not necessary to buy an expensive suit, but as long as it is neat, clean and modest.
- Gender differences in clothing are felt within the courtroom. If you are a man, wear a suit and tie or trousers and a button-up shirt. If you are a woman, wear a skirt and blouse or dress. Women should also avoid heavy makeup and flashy jewelry.
- You should avoid anything that is too informal or "alternative". Do not wear flip flops, sandals, tennis shoes, trainers, or worn footwear. Avoid clothing with slogans, printed words, or flashy designs and logos. Do not wear jeans, shorts, t-shirts, mini skirts, low-cut or sheer dresses, hipster or skimpy clothing.
- If you have tattoos, cover them.
- Don't dye your hair an unusual color.
- Remove permanent accessories or piercings from the body.
- Don't wear your hat in court. In Italy, the question concerning the use of religious headdresses, such as turbans, Islamic veil (hijab) and kippah, is controversial.
Step 4. Contact the judicial office before appearing in court
It is a good idea to consult the relevant offices before going to court. Sometimes, cases are postponed, judicial applications rejected and disputes resolved, sometimes even before being summoned as a witness. Call ahead to be sure you need to show up at the right time and place.
- Call the clerk's office of the section of the court where the trial you must testify as a witness for more detailed information.
- On the internet you can easily find the contacts of the chancelleries of all the Italian courts.
Step 5. Get there on time
You will be told when and where to appear in court. You may receive a subpoena inviting you to testify. In the event that the witness duly cited does not appear without alleging a legitimate impediment, the compulsory accompaniment may be ordered and be ordered to pay a sum from 51 to 516 euros in favor of the fines fund, as well as the expenses for which the failure appearance gave cause, pursuant to art. 133 C. P.
Allow enough time to get to the courthouse. Try not to be late. It may be difficult to find a parking space, or there is a risk of public transport traveling late. Make sure you leave the house well in advance to go to court without the danger of setbacks
Step 6. Avoid discussing the case with everyone you meet in the courthouse
There is a possibility that the popular judges who will hear your testimony will pass by in the areas where you are, while you are waiting to be summoned to the courtroom. You are not allowed to discuss the trial with magistrates, professional judges or popular judges outside the context of your court testimony, so do not discuss the case or your testimony with anyone outside the courtroom.
If someone approaches and tries to talk to you about the process or intimidates you, contact the staff who work in the court
Part 3 of 4: Testifying in Court
Step 1. Observe the judge (or judges)
In Italy, most trials are conducted by a single judge. For the more serious crimes, there is a tribunal consisting of three judges. For even more serious crimes there is the Assize Court, made up of two professional judges and six popular judges. When answering questions, you should first look only at the judge or the president of the tribunal or the Court of Assizes, or at the other judges or the lawyer who is questioning you. If you look at any other person, such as the defendant or someone in the audience, you will give the impression that you are seeking approval or some suggestion, which can damage your credibility in the eyes of the judges.
- The attorney will advise you to look at the judge or president during a face-to-face examination (i.e. when the attorney who requested your testimony questions you), because doing so will make it easier for the judges to focus on your testimony and trust. you.
- Also, by maintaining eye contact with the judges during a cross-examination, you will prevent a rather aggressive attorney from the opposing party from drawing the attention of the judges to themselves, distracting them from you.
- If the judge or the president of the court speaks to you, you must contact him, of course.
Step 2. Pay attention
Listen carefully to the questions you are asked. Do not distract. If you seem bored or inattentive, your testimony may not be effective.
Maintain good posture while sitting on the stand. Sit with your back straight. Do not cross your arms and do not assume a slouch position
Step 3. Wait until the interrogator has finished speaking
Wait for the question to finish before answering. This is not a prize game where the first to answer wins!
- Remember that the stenotypist has the task of transcribing the trial. If you overlap your voice with that of others, much of what you say is likely to be incomprehensible in the recording.
- Ask for clarification if necessary. If a question is not clear to you, ask for a clarification. Don't answer if you're not sure you know the answer.
Step 4. Answer directly
Just answer the question that is asked of you. Do not provide information that was not asked of you. Don't guess. If you don't know the answer, admit you don't have the requested information.
- It is very important to avoid "spontaneous" information during the cross examination. The opposing party's attorney may try to catch an inconsistency or confuse you.
- Try to be concise rather than giving every little detail. Do not "take the long way" when answering and do not include facts that you have not seen or heard directly, otherwise it will appear that you are evading the question or that you have something to hide.
- Don't use phrases that denote absolute certainty, such as "Nothing else happened" or "That's all he said." Rather, try saying, "That's all I remember." It is likely that some other detail will come to you later, so it is best not to give the impression that you are lying.
- If you make a mistake, correct it immediately. Ask, “Can I correct this statement?” You may be asked why you feel the need to change something. Explain honestly that you are wrong.
Step 5. Answer clearly and audibly
In many courtrooms there is a microphone that records the testimony, the purpose of which is to amplify the voice of the witness. Speak loud enough for all judges to hear your answer.
- Do not respond to gestures, nodding, shaking your head, raising your thumb, or even with a sound of agreement. Remember that your testimony must be recorded. Do not use dialect or legal or police terminology. Remember that your testimony is verbalized, therefore, it is necessary to speak clearly and without ambiguity.
- Don't be sarcastic or ironic. It can be difficult to tell whether a witness is serious or not. Humor is very subjective, so others may interpret your statements differently than you wish. Speak clearly and honestly.
Step 6. Be polite and respectful
Address the defenders with "lawyer" and the judge or president of the court or court with "Mr. Judge" or "Mr. President".
- Don't interrupt the lawyers and don't be too hasty when answering.
- Don't get nervous, even if a lawyer tries to provoke you. Angry witnesses risk emphasizing the facts. The judge will not take your testimony seriously if you seem angry or emotionally involved.
- Don't use bad language unless you are asked to repeat what you have heard someone say.
Step 7. Tell the truth
Regardless of what it may seem to you or how much it may ruin your lawyer's defense, tell the absolute truth. Lies can be easily debunked on the other side, damaging your credibility and damaging your entire testimony.
- Do not give your opinion on who is involved or accused. By digressing, you risk compromising your credibility by giving the impression that you are being prejudiced against a party.
- If you are questioned about how you feel about the accused, try to say that you appeared as a witness to explain what you saw and heard and that, therefore, you try not to judge anyone, not even the accused.
Part 4 of 4: Facing a Counter Exam
Step 1. Maintain your credibility
The cross-examination can be nerve-wracking. The opposing party's attorney will try to discredit your testimony or get you to say something that corroborates their line of defense. Be aware of how to manage yourself.
- Remember that the purpose of cross-examination is to ignite doubts about your testimony and highlight inconsistencies. Don't take it personally.
- Avoid overdoing it. Make detailed and concrete statements. Avoid generalizations, as they can damage your trustworthiness.
Step 2. Try not to stray from the topic if the question is closed
The opposing party's attorney may ask you questions that need no further explanation other than a simple "yes" or "no", therefore, do not provide further information. Commenting on a question that requires a yes or a no can be interpreted as a way to evade the question itself.
- Pay attention to the "main" questions. There is no need to dwell on it, giving further information, when a question is asked of you.
- For example, you may be asked: "Isn't it true that you had four beers when the accident happened?" If you've only had three beers, don't point that out. Just answer "No". In fact, it is not true that you have consumed four beers.
- Answer the cross-exam questions with "yes" or "no". Your attorney can raise further questions or ask you for further explanations once the cross-examination is over.
Step 3. Correct any misunderstandings or errors
The lawyer of the counterparty can try to twist the words or lead you to make a mistake. Stay calm by explaining that you didn't say what the lawyer claims.
- For example, you might say, "The light was yellow when I saw car A crash into car B." The cross-examination attorney might say, "You're saying the light was red." Politely reiterate what you said: "No. I said it was yellow when I saw that car A collided with car B".
- By correcting misinterpretations, you can be sure that you are bearing an accurate testimony. Additionally, you will demonstrate to the judge that you are a balanced and detail-oriented witness. You may also put the cross-examination attorney in a bad light for trying to mislead you.
- You may be asked if another witness lied or told the truth. You reply that you cannot know what another person may have seen or to what extent they can remember events. This is a reliable answer and shows that you are careful to avoid guesswork.
Step 4. Stay calm
The cross examination can become sour and even irritate you. Keep calm and respond politely. Getting angry or hostile will not argue in your favor in the eyes of the judge.
- If you remain calm and polite while the attorney is aggressive towards you, the judge is likely to consider the attorney's behavior unprofessional. You won't make a bad impression if the lawyer is harassing you.
- If you feel agitated or nervous, take a break and catch your breath. Think about the answer before giving it. It is much better to focus for a moment and then answer truthfully, than to do it quickly and unintentionally make a mistake.
Step 5. Admit you don't remember
The cross-examiner can ask you a question about a previous statement you made. If you don't remember it, admit it and ask to read or hear the sentence before testifying in relation to its content.
- It is much better to ask for clarification to refresh your memory than to hazard a guess about what you have said in the past. If your statement in court does not match what you think you said elsewhere, the opposing party's attorney will be in a position to argue that you were lying.
- If you have made a mistake in your past statements that the lawyer pointed out during the cross-examination, admit it. Don't get upset, just ask for them to be corrected.
Advice
- Don't be afraid to ask lawyers and magistrates to repeat the question! If you are puzzled, express your uncertainty about the question and ask for it to be rephrased.
- In a deposition, the witness usually continues to answer despite objections. During a hearing, if a lawyer objects to a question or while you are answering, stop talking immediately and wait until you are told you can answer or continue. Many times, following an opposition, a lawyer has to withdraw or reformulate the application.
- Before you begin your testimony, you should read the commitment formula to tell the truth. This is the text: "Aware of the moral and juridical responsibility that I assume with my testimony, I undertake to tell the whole truth and not to hide anything that is known to me".
