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Divorce: 5 Ways Your Testamony Can Best Help
Author : Lucille Uttermohlen
Copyright (c) 2010 Lucille Uttermohlen
You are most likely on the side of the person who called you as a witness in a divorce. After all, the person who asked for your help is probably your friend, relative or employer. It would be natural for your loyalties to be with them.
If you are a brother, sister, mother or father, your whole family could be effected by the court's decision. If you are a teacher or day care provider, you may feel closer to the parent you know better. Regardless of why you are being called on to describe your contact with the family, the following tips will serve you well.
1. Tell the truth. You may feel inclined to color your testimony to help the person who called you. Hopefully, what you say will do that. However, if you exaggerate or lie, it is likely that opposing counsel will spot inconsistencies in what you say, and will ask you clarifying questions in cross-examination that can make it look 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. No matter what, keep your cool. Opposing counsel may make that seem impossible. Lawyers are trained to make you sound as unbelievable as we can. If we can get a rise out of someone, or make them seem hostile, we have a better chance of showing the judge that what they say shouldn't be taken as seriously. After all, if they are telling the truth, why are they so defensive?
3. Answer the questions you are asked, without adding information. Sometimes, you may think the judge needs facts you know, and that the lawyers forgot to ask you. . That could be true. However, it is more likely that the lawyer feels that what you could say could be more damaging than helpful at that moment.
The judge may not be sympathetic to what you could say, and the lawyer doesn't want to annoy him. The other facts that have been brought out may make the bit you want to add unhelpful to the case. Even if it is something the lawyer wants to put into evidence, there may be other things that have to be established first.
If you blurt out your contribution ahead of time, it could damage its effectiveness. Some things have to have a "foundation" before they can be put into evidence. If what you say is the subject of the other side's objection, it won't be as easy to use when it might 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. Don't play dumb. However, if what you are asked doesn't make sense, it may have been poorly expressed.
Things move so fast in a trial that a lawyer may suddenly need information that he didn't anticipate in trial preparation. It is easy to misspeak, or phrase things badly when you are under pressure. The thing that seemed important before the hearing started may suddenly seem damaging to the case. The unimportant fact may become useful suddenly, and the lawyer has to hurry to get it into evidence.
Unfortunately, that kind of question may arise so suddenly that it doesn't come out right. The moral here is that you should always understand what you are answering, and you should never hesitate to ask for more information before you respond if you need it.
5. In some cases, the lawyers request what is called a "separation of witnesses". This is done so one person can't change their testimony based on what he heard another person say on the witness stand. After you have testified, you may be able to stay and see the rest of the case. Whether no separation was requested, or you are allowed to stay and watch the Proceedings after you have spoken, there is a tip that will keep you from being yelled at, removed from the courtroom, or in extreme situations sent to jail for contempt of court.
Don't shake your head. Don't laugh. Don't heckle the witness, even if you do think the performance is bogus. Don't try to provide answers to the witness. In short, pretend you are a fly on the wall, and don't say a word unless the judge or one of the attorneys asks you to.
Author's Resource Box
If youre getting divorced, you would like to know what to expect, right? Lucille Uttermohlen has been a family law attorney for 27 years. Shell tell you all about the divorce process at http://www.couple-or-not.com and will answer any questions you have at lucille@utter-law.com
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Tags: testimony, divorce case, witness in divorce case, getting subpoenaed as a witness
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Submitted : 2010-03-21 Word Count : 1 Popularity: 93 Times Viewed: 13
