How to Answer a Belligerent Question at Trial

Have you ever been inside a courtroom where the lawyer asked questions to a witness and was loud, sarcastic or demanding and fast paced? Although most lawyers are very proper and conduct cross-examination respectfully, some use intimidation to get the witness to break and change their testimony even slightly. This way they tell the judge that the witness is not credible because they changed their answers on the stand, making their testimony a lie. There are ways to react to this type of questioning that can help the witness maintain their confidence.

Instructions

Difficulty: Moderately Easy

1. Tell the truth, always. That way no intimidating or belligerent question can cause you to change your answer.
2. Answer only after you have thought about the question. Never blurt out the answers quickly because when the questioner is coming at you fast and demanding, your thoughts may not be as quick as theirs and your answers will not be what you really wanted to say. And that is what they are trying to get you to do.
3. Retain your innocence. You may be perfectly aware of what the questioner is doing by being belligerent, but you need to keep your responses innocent. Instead of reacting to their manner, simply say, “I’m sorry, what is the question?” The judge will not reprimand you for not understanding the question, but instead, might speak to the questioner about their mannerisms.
4. Ask the judge. If the questioner becomes overpowering and won’t allow you to answer because they are busy surmising your actions, turn to the judge and say, “Your Honour, I don’t understand what the question is.” The judge will intervene and correct the situation.
5. Do not retaliate. Regardless of how angered or intimidated you may feel, do not react the same way back. Keep your cool and answer the question--if there is one. If the questioner demands that you answer but you don’t know what the question is then say, “I’m sorry, what is the question?”
6. If you don’t know the answer to a question, you need to say, “I don’t know.” The questioner may say you do know and keep asking you the same question in different ways. You need to reply each time, “I don’t know.”
7. Never guess at an answer. The questioner may put the question in such a way that you feel you should know the answer because he says you should, so you’ll guess at what you think he wants to hear. That answer could ruin your entire testimony because it’s that answer that the questioner could use to confuse you and to destroy the credibility of your evidence. So, only give answers that you know. Again, it is not wrong to say, "I don't know".

Tips & Warnings

• Just remember, your testimony is being recorded for the court record. You want your answers to be lined up with proper questions, so if the questioner is accusing you or suggesting a scenario to you that you aren’t sure of, ask that it be repeated in a question. That way you know that your answers are in line with the questions asked and you can be confident that you answered them correctly.