1. Be truthful. This common sense advice remains the very best recommendation for any witness taking the stand.
2. Listen Carefully to the Question -- and wait until the entire question is asked. A very common problem in testifying, many witnesses are so anxious to cooperate and to provide quick answers that they don't wait until the entire question is asked. As a result, they often answer a different question than the lawyer intended and disrupt the flow and effectiveness of the questioning.
3. Answer Only the Question That Was Asked. If you listen carefully to the question, you must consider the scope of the question and not go beyond the issue at hand. Particularly when being cross examined by an opposing attorney, don't volunteer information that was not asked! This will only assist the opposition in obtaining additional facts to bury your case or that of your ally.
4. Take Your Time -- Think Before Answering Each Question. There are no points for fast answers. Witnesses who take their time to think about their answers are perceived as being conscientious and concerned about telling the truth.
5. Don't Guess at the Answer. If you don't know, say you don't know! If you don't remember, say you don't remember! Witnesses are not "human computers." Many of us have difficulty remembering what we had for dinner last night, to say nothing of events which may have occurred months or years earlier. If you don't know or remember particular facts, do not give your best guess as to the answer.
6. Ask for Clarification if you don't understand a question - never attempt to answer a question that you don't really understand. Particularly in the anxious and adversarial atmosphere of the courtroom, certain questions may not make sense or may get lost in the commotion of evidentiary objections. Don't try to make sense out of the question yourself. If you don't understand a question, ask that it kindly be repeated or rephrased.
7. Be Cooperative, But Not Excessively So. Even when dealing with opposing attorneys, witnesses should be cooperative in answering questions and should not show antagonism on the stand. However, witnesses who are too cooperative and give the questioner what she wants to hear may kill their case. Cooperation and courtesy do not require that you give what the questioner may think is the "correct answer." Don't be forced into an inaccurate answer on the witness stand
8. Don't Use Your Testimony As An Opportunity For Exaggeration Or Score-Settling Witnesses who embellish their answers as an opportunity for self-aggrandizement or retribution will appear foolish and open themselves to further legal jeopardy. This approach may also lead to an illegitimate verdict.
9. Be consistent! When testifying, be consistent with your earlier statements in the case, deposition testimony or testimony in earlier proceedings. Those who give testimony at odds with their earlier statements leave themselves vulnerable to attack and may be perceived as lying even when they simply don't remember relatively minor details.
10. Try to Relax on the Witness Stand This advice is easier said than done. But witnesses who appear relaxed and conversational do much better than those who get frazzled easily.
