subpoena

[oneill45]

anyone know of any good books to read or advice for being subpoenaed to court. I havent been subpoenaed in years... surprisingly haha

[micro911]

I am sure there is a book for it.

I have testified as an expert witness about 100 times. All you have to do is:


1. know about your case,
2. talk to the DDA regarding your testimony,
3. be truthful,
4. if you don't know the answer, do be afraid to say "I don't know,"
5. don't argue with the attorney.

Be careful who you talk to in the hallway outside of the courtroom, also.

[LtJim]

Simply dress and groom professionally, look the person asking the question in the eye and tell the truth.

You don't read books on how to tell the truth when asked a question in court. Dad/Mom taught us that years ago. Or at least should have.

[RickD427]

Two good posts above.

In addition don't try to "steer" the case in one direction or another. Simply answer the question to the best of your ability. If you don't know, simply say so.

If you only know the answer to part of the question, then tell the court that you only know part of the answer.

Some attorneys will try to trip you up with questions that are complex, compound, or involve the use of double-negatives. If you're confused by the question, tell the judge that you don't understand it. When you're making that statement to judge, make eye contact with the judge, not the attorney. The judge will instruct you how to respond. I once had an attorney try to unsettle me with a number of double negatives ("is it not unlike..") in the same question. I looked at the judge and said "I'm confused by counsel's use of double-negatives in his question. I don't know if they reinforce each other and I should say "No" because that is doubly my answer, or if they cancel each other out and I should say "Yes" to mean "No". The judge was also irritated with the attorney, the judge chuckled and then lectured the attorney. We then got back on track.

Some attorneys will also try to unsettle you with rapid fire questions. You're not required to follow their cadence. Slow down, take a deep breath, and then respond. If the attorney is really being bad about it, I've also used the line "I'm sorry, you're speaking more quickly than I can listen, could you please slow down and repeat the question."

Most Q&A sessions in court are pretty benign. Be calm, don't take sides, and tell the truth.

[003]

One of the biggest problems I have seen in court testimony is that many inexperienced folks try to provide more information in their answer than necessary. If a question can be answered with either yes or no, than no more explanation is necessary or warranted. Keep it short and simple, do not provide any details unless specifically asked.

[sgtgadget]

Courtroom Survival The Officers Guide to Better Testimony, Devallis Rutledge, published 1979! Has some common sense guidelines.

[SDDAVE56]

I am sure there is a book for it.

I have testified as an expert witness about 100 times. All you have to do is:


1. know about your case,
2. talk to the DDA regarding your testimony,
3. be truthful,
4. if you don't know the answer, do be afraid to say "I don't know,"
5. don't argue with the attorney.

Be careful who you talk to in the hallway outside of the courtroom, also.

Additionally,

Think before you answer.
Be short and concise with your answers.
If you don't remember its ok to say "I don't recall".
Look at the attorney who's asking the question.
Look at the jury when answering.

[LtJim]

OK -Old Timers---> here's one that will bring back memories from briefings gone by regarding Court Room Testimony.

Still as funny as ever!!

https://www.youtube.com/watch?v=a75u3ske8MY

[tyrist]

I would hope you would bring a copy of the report to read while you are in court.

How is it you managed to not get subpoena for years? I average more than one per week.

[DEVOREGUNNER]

As a retired expert witness with 17 years experience all of the above is so true and I might add.

Were you deposed and if you were do you have a copy of that deposition to review? You don’t want any surprises.

Take your time when answering a question and wait until the attorney is through with the question, then pause and give your answer.

Make all of your answers short, often a simple yes or no is all that is required.

You may/will be asked the same question in a number of different ways over time to confuse you or impeach you.

The most difficult questions will usually come at the last when your guard is down or you are tired.

The truth the whole truth and nothing but the truth ALL OF THE TIME.

If you don’t remember, don’t recall or you just don’t know the answer to the question being asked tell them so.

Don’t embellish or be dramatic with your answers.
Be prepared do your homework to refresh your memory, you don't want any surprises.

Lastly a good attorney always knows the answer to the question he is going to ask before he asks it, they don’t like surprises either.

Did I say no one likes surprises?

For a good book:

The Expert Witness Handbook by Day Poynter

[oneill45]

I wont go into detail, about the case. But a large number of us witnessed things that should not have gone down. thank you very much for your advice and knowledge. sgtgadget, i completely forgot about that book. I think i have a copy in the back of my closet, im gonna go find it. thanks for the memory jog

[oneill45]

And i do have a copy of the report i just reviewed it the other day. i always refer to it when getting called in.