Legal Question in Family Law in Texas

Advice on providing an effective testimony

I'm going to court tomorrow for a friend who is going through a contested divorce. I've never been to court and to be honest I'm intimidated by the other parties attorney. I've heard he is one of the best attorneys in our area. Please provide some suggestions so I want become the other attorney's prey. Basically, I'm going as a character reference to help determine custody.


Asked on 10/04/06, 1:18 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Advice on providing an effective testimony

Here is a short list:

1. Answer truthfully to the best of your knowledge.

2. Answer the question you are asked. It is usually a yes or no answer. Don't talk on and on. It's like the old t.v. show Dragnet, "only the facts".

3. If there is silence, don't start talking.Sit there and be still.

4. If you don't understand a question, ask the attorney to rephrase it.

5. If an attorney objects, don't do anything until the Judge rules. BE QUIET! Only answer when the Judge tells you to answer.

6. Talk loud enough for the court reporter to hear you. Be sure to spell your name for the court reporter.

7. Only one person can talk at a time. The court reporter can only type what one person is saying.

Be quiet if another person is talking.

8. Don't lose your temper.

9. Don't make sarcastic comments. If the attorney asks you "are you a drug dealer?" and you answer "yea...sure...whatever". The answer is read as you agreed to being a drug dealer!

10. Take a deep breathe before answering any question. Try to remain calm. If you need a drink of water, ask for it. If you are on the stand for a long time and need a restroom break, ask for it.

11. Never say "Well honestly, I ..." This sounds like you were lying about the other stuff you testified to.

12. You can only testify to what you have personal knowledge of -- you had to see it, hear it, smell it, taste it, etc.

13. You cannot testify to something your friend told you about another person. That is heresay.

If you saw a bruise, you can testify that you saw a bruise. If you did not see how she got it, you cannot testify to how it got there.

Read more
Answered on 10/04/06, 7:17 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas