Testifying in Court: 7 Golden Rules

Have you been called to testify in court? Do you have doubts about how the process works?

It is perfectly normal to feel this way. This article aims to clarify some of the most common questions regarding witness testimony in court.

At the very beginning of the testimony, the judge will start by asking for your identification: your full name, address, profession, marital status, and so on.

You will also be asked if you know the parties involved in the proceedings, if you have any grievances against them, or if you are related to any of them. If you are a family member of one of the parties in a legal proceeding, you have the right to refuse to testify.

The law allows for this refusal based on family ties, recognizing that there is a higher probability that the testimony might not be entirely impartial. It also serves to prevent a family member from being forced to harm another with their statements in court.

However, be aware that if you choose to testify, you are under oath and must tell the truth, even if your testimony ends up harming your relative.

Perjury (lying in court) is a crime, and this is the first — and perhaps most vital — of the golden rules we will outline in this article.

In fact, it is well known that lying in court is relatively common. Why? Primarily because witnesses usually have a prior connection to the parties involved in the proceedings.

From this connection arises the desire to be helpful and to contribute to a court decision in favor of the party they know. In strict terms, besides this connection, it is not uncommon for listed witnesses to also have some form of conflict with the opposing party.

Regardless, beyond the absolute obligation to tell the truth, it is vital to follow a specific set of rules when testifying to avoid unnecessary friction with the judge or with the lawyers.

 Here are the 7 Golden Rules for Court Testimony:

1. Answer truthfully: This is simultaneously a legal duty and your safest harbor;

2. Listen carefully to every question: Ensure you fully understand the question before beginning your answer;

3. Speak from memory and direct knowledge: Stick to the facts you know; avoid unnecessary guesswork or hunches;

4. Admit when you don't know: If you do not know or cannot recall something, you must state that you do not know or do not remember;

5. Answer only what is asked: Avoid taking the initiative to volunteer information that was not requested;

6. Do not question the judge or the lawyers: You are there to provide evidence, not to interrogate; doing so will result in an immediate reprimand;

7. Maintain impartiality and composure: Do not show bias or become defensive/agitated when faced with difficult questions.

Other rules could be added, such as refraining from offering opinions. Witnesses do not provide opinions, they testify to the facts within their knowledge.

By applying these golden rules, you will avoid potential conflicts and ensure your testimony is conducted with the necessary decorum and legal safety.

Filipe Ferreira Correia, Lawyer