How to Answer Difficult Questions on a Witness Stand
Whether you're being grilled by an attorney about your own inappropriate behavior or revealing the indiscretions of someone else, being on the witness stand can be an excruciating experience. You can be peppered with difficult questions for which you did not prepare, or the intensity of the moment may make you forget important details. You want to appear poised and prepared when you step onto the witness stand. Answer all of the questions to the best of your ability.
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Instructions
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Answer with specificity. That means answer the question that was asked. Don't provide additional details, or information about your thinking process, history or background. Stick to the subject matter. It is important during direct testimony to lay down the facts as clearly as possible for the judge or jury and to ensure you don't introduce information that the other attorney can use against you.
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Answer after clarification. If you don't understand the question, say so. Be polite, especially if the difficult question is being asked by the other side's attorney. Don't try to guess or assume what the question means or what information is being sought.
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Answer after a pause. Some questions are objectionable. The other attorney may ask the judge not to allow the question. If you're in the middle of a particularly difficult cross examination, always wait to give the judge a chance to respond to objections. If you blurt out an answer, a judge may not allow the answer to be entered into the record, but realistically you can't make the jury "unhear" your answer.
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Admit your mistakes and poor recall. Your adversary may ask questions that are designed to confuse you or to disparage your credibility as a witness. In nervousness, you may answer a question incorrectly or not retell events in the appropriate chronological order. Everyone makes mistakes. Simply say you made a mistake and give the correct answer.
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Answer respectfully. In the process of trying to discount you as a witness, a cross-examining attorney may say things that make you angry or feel embarrassed. Pause to collect your thoughts and answer the question that is asked. If you respond with emotion, you are liable to say something you'll regret and that will hurt the side you're testifying for. If you're an expert witness, avoid using overly technical language that will confuse others, but at the same time, don't talk down to the jury or presume they can't comprehend what you're saying.
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Answer honestly. A single lie can call your entire testimony into question. Depending on your role in the trial, that could mean the difference between winning and losing. Always tell the truth, no matter how difficult it may be to do so.
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Tips & Warnings
Prepare. Ask the attorney who requested you be in court to give you an idea of what you can expect. You don't want to supply rehearsed responses, but you also don't want to be caught completely off guard when you're on the witness stand. Remember also that the judge and jury may be watching you long before you take the stand. Mind your behavior at all times while in the court. Pay attention, don't talk out of turn and be respectful at all times.
Watch your body language. It can convey that you are confident, afraid or even withholding information. Your body language is being reviewed by both attorneys, the judge and the jury. You can communicate a lot more information with your body than with your mouth. You are likely to invite more difficult questions when your body language gives off certain signals.
References
- ExpertPages.com; Principles Of Testifying; Joseph E. Badger
- Courtprep; Witness Tips -- On the Witness Stand
- "The Journal of the Canadian Chiropractic Association"; Being a Witness: Before You Appear in Court; Richard Steinecke; March 1998
- Jordan Institute for Families; The Art of Testifying in Court; Jamie Hamlett; August 2007
Resources
- Photo Credit Brand X Pictures/Brand X Pictures/Getty Images
