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 Duces Tecum
What is a Subpoena?
What is a Subpoena Duces Tecum?
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 Body Language 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 ?