So, you're going to be a witness?

 I frequently hear people express fear and concern when they have been  called to be a witness in a legal matter. This stems from the television  presentation of legal proceedings:

 Perry Mason bears down on the witness, "It was really YOU, and not my client, who committed this heinous crime, wasn't it?" The witness breaks down sobbing and cries, "Yes, I admit it. I've been lying all along. God  forgive me, but I DID IT!"

 Great television drama but not very true to life.

 So, what's it like to be a witness?

 Any time you are giving testimony, and particularly when you are  testifying in Court, you are going to suffer a great deal of nervous anxiety in advance of testifying. This is simply apprehension and is experienced by everyone who testifies. Attorneys and Judges have the same  feelings before a case starts, much like the anticipation before a  sporting event. HOWEVER, when you get started with your testimony, when  you roll up your sleeves and actually go to work, the anxiety vanishes. I  have dealt with hundreds of persons who have testified and, when asked  afterward, they have agreed that once they got started, nervous anxiety disappeared.

 There are numerous instances in which you might be a potential witness. You might have witnessed an event that has led to a lawsuit or a criminal  trial. You might have particular expertise in some field of study that  would qualify you to be an expert. Or, you might be a party to a legal  action, either as the party bringing the action or the party defending the action.

 Testimony can be taken in numerous fashions. You can be asked to write  down your recollection of an event you have witnessed and be asked to swear to the truth of this statement in front of a notary. This is called an affidavit. Because its "sworn to", its just like giving testimony in  Court because you are under oath.

 Being "under oath" submits you to the potential of being charged  criminally with perjury if you fail to tell the truth while under oath.

 When the District Attorney is seeking to charge persons with crimes,  often he will convene a Grand Jury, which is a citizen panel that decides whether there is sufficient proof to warrant bringing criminal charges. Witnesses to a crime can be called to testify in front of the Grand Jury. When this sort of testimony is given, the witness is given an oath (Do you  swear or affirm that the testimony you will give here today will be the truth under penalty of perjury?) and put on the witness stand to be  questioned. Grand Jury proceedings are held in secret and no record of the proceeding is made public. Civility is the usual atmosphere and giving testimony to a Grand Jury is not an uncomfortable situation.

 In civil cases, which are non criminal lawsuits, you may be called to testify at a deposition hearing. A deposition is an opportunity for parties to a lawsuit to learn what your testimony will be when you are in  Court or may be simply to learn what facts you know about the case with no expectation that you will testify in Court.

Deposition hearings are usually held in one of the litigant's  attorneys' offices in front of a Court Reporter who puts the witness under oath and takes down the testimony verbatim.

 Unfortunately, depositions can be used as a psychological battlefield to try to impress or intimidate opponants and witnesses. Yelling,  accusing, the use of demeaning questions, all are forms of intimidation that are frequently used in deposition hearings.

How do you handle intimidating behavior from a questioning attorney? My  usual advice is, first, stay calm. Don't lose your temper. When the temper goes, so does rational thinking. Secondly, do whatever it takes to put the questioning attorney on your pace and time schedule. Your attorney will  assist you in this process, if you are represented.

Make the questioner explain his questions so that you have no doubt as to the correct answer.

 If you consider a question to be so demeaning or immoral that you feel  you shouldn't have to answer it, refuse to answer unless advised to do so  by your attorney. If you aren't represented, you can tell the questioning  attorney that you won't answer that question unless Ordered to do so by a  Judge. A word of caution: even if a question is demeaning or relates to immoral or unsavory topics, if it is important to the facts of the case  being worked on, if it might help prove some element of the case, you will probably be Ordered by a Judge to answer the question and it's best to answer in the first place.

 Part of the point here is that, if you can slow the questioning down to your own pace, you can sort out what you should and shouldn't do. Don't try to be cute or get retribution on the questioner __ it usually fails. If a question truly relates to the case, answer it. If the question is  asked solely to humiliate you, don't answer it.

 If you don't know an answer, say, "I don't know." Or say, "I don't  recall." Everyone forgets. It's part of human nature and makeup. Another  unfortunate human tendency is the desire to know more than we really do or to have the "correct" answer. Make sure you really know the answer.

 When you are testifying in a Court room, you have the advantage of  having the Judge present to tell you when you do or don't have to answer  embarrassing questions. The Judge also will try to prevent an interrogator  from "badgering" you unnecessarily. You are expected to be a reasonably willing and cooperative witness under most circumstances.

 In the Courtroom, you will be put under oath and ascend to the witness  stand, usually next to the Judge's bench. The attorneys will question you from their tables in front of the bench. Depending upon the Judge's preferences, they may stand close to you. Attorney's are required in Oregon to address you as "Mr." Or "Ms.", using your last name.

 The same rules apply to in Court testimony as would apply to the  deposition: slow the questioning down to your pace. Make sure you  understand the question. Only answer with what you have seen or heard. If you don't know an answer, say so. Never lose your temper.

 The attorneys are going to make objections. Be calm when this happens.  It is not a criticism of you or your testimony. There are rules governing  how evidence must be given to the Court. If an objection is made, stop your testimony until the Judge rules how you can answer. Don't let  objections throw you off of your train of thought if you can help it __ sometimes the objection is made to throw you off or to dilute the impact  of something you are saying. In any event, listen to the Judge and stick to your story.

 A very frequent remark I hear from persons before they testify is: "I'm afraid he's going to try to confuse me."

 If you stick to the truth, to what you have seen and heard, you can't be confused. You either remember what you saw or heard or you don't.

 More often than not, witnesses are testifying about their own life  events. You cannot be confused about what you have witnesses in your own life. You cannot testify as to what goes on in the minds of other persons  or what went on outside of your presence.

 The second most frequent remark I hear is: "That person didn't tell the truth on the witness stand in Court! I thought everyone told only the truth when they are under oath!"

 If you've ever played the game where one person whispers a "rumor" into the ear of the person next to him and the "rumor" is repeated again around the room through numerous people, by the time it gets to the last person,  it bears little resemblance to the "rumor" spoken by the initiator. Also, there have been various studies in which a group of people will all  witness the same event and then each will describe what they saw to researchers afterward. There are usually as many different views of the event witnesses as there are viewers.

 The point is this: Truth is an elusive thing. It is subject to the  perspective and impressions of the person telling the story. No two people will have precisely the same impressions of any event. Often, this is why  people testify differently in a Court room. And, frankly, some people go  into a Court room and deliberately lie to suit their own needs.

 The purpose for the Court process is to ascertain the truth. The Judge  or the jury hears the testimony and they make a decision as to what the truth is for any particular case. While the system has it's flaws, I know of no better system on earth for finding the truth of any matter.

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