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Giving Testimony in a Family Law Case

Written by: Kevin L. Colbert

Reputation Level 13

Family Family Law

Posted over 2 years ago. 2 helpful votes, 0 comments

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Tell the truth.

You are under oath. Purely and simply. Bending the truth could lead to perjury. Telling one little partial truth could lead to an avalanche of non-truths. You then either "get caught" or "boxed-in" by your testimony. Don't box yourself in by not telling the truth.

If you don't know the answer to the question, say so.

It is perfectly acceptable to say, "I don't know. This applies to dates, number of occurrences and names. This is not a memory contest.

LISTEN.

Only answer the question asked. That is not a request, that is a commandment. If you go off on a narrative about the weather that will not help the fact finder. In fact, it might irritate the judge that you are being nonresponsive. LISTEN to the question being asked.

If the lawyers object during your testimony, stop talking.

Wait for the judge to make a ruling. If you are uncertain whether you can answer or not, ask the judge simply,"may I answer?"

Don't audibly sigh, chew bubble gum, laugh or talk out of turn.

This is not appropriate in the courtroom, despite what you might see on the afternoon TV shows. Comments under your breath or eye rolling is not appropriate in the Court room either.

Keep your emotions appropriate.

It is Ok to cry, but yelling at the opposing counsel, being snappy with the judge, or otherwise acting irrationally, will not lead to a successful result in Court.

Wear clothes that you would wear to church.

If you don't go to church, pretend that you are an "old school" librarian at a conservative college. No dangly jewelry, high fashion, heavy makeup or 4 inch heels. Look formal enough to show respect for yourself and the Court.