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Courtroom Demeanor and Testimony

Courtroom Demeanor and Testimony. Courtroom Layout or Scene. Normal Sequence. Invoke “the rule”- clears the courtroom Plaintiff attorney- Opening statement Defense attorney- Opening Statement Plaintiff presents case Judge rules on motions and objections

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Courtroom Demeanor and Testimony

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  1. Courtroom Demeanor and Testimony

  2. Courtroom Layout or Scene

  3. Normal Sequence • Invoke “the rule”- clears the courtroom • Plaintiff attorney- Opening statement • Defense attorney- Opening Statement • Plaintiff presents case • Judge rules on motions and objections • Defense attorney moves for directed verdict

  4. Stress • With careful preparation, a witness may find that testifying in court does not have to be a stressful consequence of their job.

  5. Fact Witness • Has personal knowledge of events pertaining to the case • Can only testify to things he/she personally observed

  6. Fact Witness • Can’t offer opinions

  7. Expert Witness • Offer opinions that may assist the judge or jury in understanding technical knowledge • Generally allowed more leeway than a fact witness • Court evaluates the content of their testimony for admissibility

  8. Expert Witnesses What is an expert witness? One who has specialized knowledge, skill, experience or training and is called upon to submit an opinion.

  9. Credentials • Degrees • License • Certification • Professional Organizations • Publications • Lectures

  10. Experience • Work experience • Specialty experience • Evidence of expertise in the area under question • Research experience • Publications • Lectures

  11. Credible • Do not “puff” your opinions • Do not try to evade issues • When you are wrong admit it

  12. Articulate in Presentation • Use clear, understandable language • Watch how fast you talk • Look up, speak clearly • Neither speak down or up to the jury • Do not obfuscate with language that lay public will not understand

  13. Dressed for Success • Your dress speaks before you do • Use your appearance and demeanor increase your persuasiveness

  14. Mistakes Expert Witnesses Make • Lack of expertise • Failure to prepare • Incomplete knowledge of the law • Puffing • Flappable

  15. Mistakes Expert Witnesses Make • Taking it personally • Trying too hard • Wrong standard of care

  16. Healthcare Professional • Straddle • Fact or Expert Witness? • May state the facts, may offer opinion-can be challenged • Judge decides to admit or not

  17. Testimony Preparation • Record keeping • Well organized • Standardized • Readable for style • May draw pictures/sketch, include photographs

  18. Pre-Trial Responsibilities • Notebook • Good Reports- if it isn’t in the report, it didn’t happen!

  19. Preparation Checklist • Obtain Original Report • Schedule a Preliminary Meeting with the Attorney calling you as a witness if you are an expert witness • Re-Read your Report • Review photos, tapes and statements

  20. Subpoena/Subpoena DucesTecum • What is a Subpoena? • What is a Subpoena DucesTecum? • Does this give you the authority to release confidential information? • What should you do?

  21. Introduction to Courtroom Demeanor • Witness Examination Procedure; Plaintiff's Case • Direct examination • Cross-examination • Re-direct examination • Re-cross-examination

  22. On the Stand • Attitude of Confidence • Not cockiness • Maintain Composure and dignity • Body Language • Sit up straight • Close enough to use the microphone • Keep materials organized neatly in front of you • Look at attorney that is questioning you. Respond to the jury • Establish a connection with the jury

  23. On the Stand • Remain open & friendly • Speak clearly, slowly and concisely • Keep sentences short and to the point • Maintain a steady voice tone • Listen to each question before responding • If you do not understand ask the attorney to rephrase

  24. On the Stand If you do not know the answer to a question say, “I do not know.” Do not preface responses with “I believe or I estimate” Use “As far as I know, or I’m pretty sure that…”

  25. Role of Judge • Interprets provisions of the law • Rules on Jury Instructions • Rules the courtroom and the process of trial

  26. Role of Jury • Determine Judgment in the matter

  27. PACE

  28. Dealing with Attorneys Do I have too?

  29. Attorney’s • Cooperate with the attorney • Address your responses correctly • Take time to formulate your answer • Allow time for objections • Don't volunteer information

  30. Plaintiff or Defense Attorney • Treat both attorneys the same • Do not allow yourself to become irritated or angered • Don't allow yourself to be led into an argument with the defense/plaintiff attorney • Don't be misled or trapped • Don't try and be clever or funny • Don't be timid

  31. Precision and accuracy of witnesses testimony • Know your facts • Review your testimony before court • Don't discuss your testimony with witnesses who have preceded you

  32. How to improve your testimony on the stand • Don't lie • Don't exaggerate • Don't guess • Qualify "yes" or "no" answers • Give testimony of the substance of a conversation

  33. How to improve the accuracy of your testimony • Refer to your notes • Use evidence

  34. Tips for Testifying • Don't let personal feelings enter into your testimony • Don't be influenced by other witnesses • Don't let attorneys put words into your mouth • Avoid terms that are derogatory • Include all points; don't omit the truth

  35. Opinion evidence • base each opinion on facts that led you to that opinion • clarify in your own mind when fact ends and opinion begins • Testimony regarding profanity; tell the court that indecent words were used and ask if court wants to have them repeated exactly

  36. Attorney Personalities • Common tactics used by attorneys during cross- examination • offensive or rapid-fire questions • condescending counsel • friendly counsel • badgering or belligerent • How to react to counsel tactics • do not argue • avoid displays of bias • do not joke or laugh • be responsive • perform like a professional

  37. Tactics of Cross-Examination • Pretrial Discussions • Refusal to Discuss with Defense Counsel • Repetitive Questions • Advice on legal issues • Multiple or Compound Questions • Misquoting Prior Testimony • Rapid-Fire Questions

  38. Tactics of Cross-Examination • Unreasonable Demand for “Yes” or “No” • Trick Questions • Question expert’s Authority • The “Iffy” Question • Condescending Approach • Friendly Approach • Badgering • Wrong Name, Wrong Rank Diversion

  39. Tactics of Cross-Examination • Switching Testimony • Staring • Endeavor to Develop Conflicting Testimony • Use of Prior Transcripts • Deposition

  40. Questions ?

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