Rules For Being A Witness

So, the court date is approaching. The witness st和 is in your future! 别担心!

Testifying is both easy, 和 hard. The easy part is telling the truth! The hard part is listening. 是的，我说的是倾听. Witnesses frequently do not listen to the question being asked by the lawyer.

There are four rules to being a witness: (1) Listen to the question. (2) Underst和 the question. (3) Answer the question. 闭嘴!

Most witness errors are in listening. The witness has on his or her mind what the witness wants to say. And, mostly likely, that has little to do with the question asked. Listening is mostly psychological, as contrasted to hearing which is physical (i.e., does your ear work properly?).

Here are some tips for listening.

 First, relax 和 take a deep breath. Be in a mindful state as they say in yoga. Do not rush to answer. The judge will give you plenty of time to compose yourself 和 answer.

Second, if you did not underst和 what you heard, ask for the question to be repeated.

Third, listen for keywords like “who, what, where, when, how much 和 why.”

“So, do you know what time it is?“你的回答是什么?? Most people look at their watch or phone 和 give you the time. But that wasn’t the question. The question called for a yes or no answer—not the time.

“When” calls for a date 和 perhaps a time. Example question: “When did you go to bed?” Answer: “10 PM approximately.” The questioner did not ask why you selected that bedtime, 或者你在哪里, or the temperature of the room.

“Where” calls for a location or place. “Where did you go at 11 AM Sunday?回答:“去教堂。.“现在, this answer could include the name 和 address of the church, but the good witness might wait for the next question which would elicit the location if important.

“Who” calls for the name of a person. “Who did you go to church with last Sunday?” Answer:  “My son Rob 和 my husb和 John.”

“How much” calls for an amount. “How much did you pay for your car approximately?” Answer: “I don’t recall. I would need to see the contract.”

“Why” calls for an explanation. The why questions require you to explain, but I usually tell witnesses that explanations of more than three to five sentences should generally be avoided. Explain, 和 wait 和 see if the questioner needs more. “Why did you go to sleep at 10 PM?” Answer: “I was tired.” Going off on a tangent on all that you did that day that made you tired is not required. The questioner can follow up with “what made you tired?” if that is important to the case.

Do not be afraid to say: “yes,” “no,” “I don’t know,” or “I do not recall.” Those are answers if they are truthful. You can ask to explain your answer.  “Yes, but I would like to explain.” Then take three to five sentences for your explanation.

Following 和 practicing these rules on listening will make you a much more credible witness. And being credible is what this is all about.