If you are called as a witness in a divorce case, you have probably chosen a side. After all, your friend, relative or employer is the one who asked you for help, it’s natural that you feel loyalty towards 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.
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, opposing counsel is likely to spot inconsistencies in what you say and ask clarifying questions on cross-examination that can make it seem like you weren’t being totally honest in the first place. If that happens, the judge is less likely to take your statements seriously.
2. Don’t get 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 credible the opposing witnesses are, the better for us. If we can get someone to stand up, or make them seem hostile, we have a better chance of showing the judge that what he says should not be taken for granted. After all, if they’re telling the truth, they wouldn’t have any reason to be defensive, right?
3. Be sure to answer the question being 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 attorney may have good reason not to request that particular fact.
The judge may not like what you might say, and the attorney doesn’t want to upset him. The other facts that have been presented may make the part you want to add useless to the case. Even if it is something the attorney wants to bring to light, there may be other things that need to be established first.
If you let your contribution slip early, you could damage its effectiveness. Some things have to have a “foundation” before they can be brought to light. 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 what is being asked does not make sense, it is possible that it is poorly expressed.
Lawyers may find themselves in a situation where they know what information they want, but are simply not 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. Rather, things may come up that the attorney didn’t consider beforehand, and you may suddenly realize that some information may be useful.
Unfortunately, that kind of question can come up so suddenly that it doesn’t go well. The takeaway here is that you should always understand what you’re answering, and you should never hesitate to ask for more information before answering if you need it.
5. In some cases, attorneys request what is called a “separation of witnesses.” This is done so that a person cannot change his 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 see the rest of the case. Whether the separation was not requested or you are allowed to stay and watch the Proceedings after you have spoken, there is one piece of advice that will prevent you from being yelled at, hauled 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 fake. Do not try to give answers to the witness. In short, pretend you are a fly on the wall and don’t say a word unless asked to do so by the judge or one of the attorneys.