subject: Divorce: 5 Tips If You Are Called As A Witness [print this page] If you are called as a witness in a divorce case, you have probably chosen sides. After all, your friend, relative or employer is the one who asked for your help, it is only natural for you to feel loyalty to that person.
If you are a brother, sister, mother or father, your whole family could be effected by the court's decision. If you are a teacher or day care provider, you may feel closer to the parent you know better. Regardless of why you are being called on to describe your contact with the family, the following tips will serve you well.
1. Tell the truth. You may feel inclined to color your testimony to help the person who called you. Hopefully, what you say will do that. However, if you exaggerate or lie, it is likely that opposing counsel will spot inconsistencies in what you say, and will ask you clarifying questions in cross-examination that can make it look like you weren't being totally honest in the first place. If that happens, the judge is less likely to take your statements seriously.
2. No matter what, keep your cool. Opposing counsel may make that seem impossible. Lawyers are trained to make you sound as unbelievable as we can. If we can get a rise out of someone, or make them seem hostile, we have a better chance of showing the judge that what they say shouldn't be taken as seriously. After all, if they are telling the truth, why are they so defensive?
3. Answer the questions you are asked, without adding information. Sometimes, you may think the judge needs facts you know, and that the lawyers forgot to ask you. . That could be true. However, it is more likely that the lawyer feels that what you could say could be more damaging than helpful at that moment.
The judge may not be sympathetic to what you could say, and the lawyer doesn't want to annoy him. The other facts that have been brought out may make the bit you want to add unhelpful to the case. Even if it is something the lawyer wants to put into evidence, there may be other things that have to be established first.
If you blurt something out at the wrong time, it could damage the case. Some steps have to be taken before some things can be considered by the court. If the judge sustains the other side's objection to what you said, it will be harder for the lawyer to use it later, and that could cause a lot of damage.
4. If you don't understand the question, ask for clarification. Explain that you don't understand what information is being sought if you don't know. Don't play dumb. However, if what you are asked doesn't make sense, it may have been poorly expressed.
Lawyers can be in a situation where they know what information they want, but they just aren't sure how to get it. Things change during a trial, and the testimony that seemed necessary in preparation may not be so important as the case develops. Conversely, things may come up that the lawyer didn't consider beforehand, and she may suddenly realize that a piece of information may be useful.
Unfortunately, that kind of question may arise so suddenly that it doesn't come out right. The moral here is that you should always understand what you are answering, and you should never hesitate to ask for more information before you respond if you need it.
5. Sometimes, the court grants a "motion for Witness Separation". This is done so one person can't change their testimony based on what he heard another person say on the witness stand. After you have testified, you may want to watch the rest of the case. Whether or not separation was requested, or you decide to stick around after you talk, there is a tip that will keep you from being yelled at, removed from the courtroom, or in extreme situations sent to jail for contempt of court.
Don't nod your head. Don't laugh or mutter. Don't talk to the witness, even if you do think the performance is worthy of an Oscar. Don't try to whisper or mouth answers to the witness. In short, pretend you are a fly on the wall, and don't say a word unless the judge or one of the attorneys asks you to.
