Victim Witness Program

Virginia Court System

Twenty-five Suggestions to a Witness

Before you testify, try to picture the scene, the objects that were there, the distances and just what happened so that you can recall more accurately when you are asked. If the question is about distance or time, and if your answer is only an estimate, be sure to say it is only an estimate.
A neat appearance and proper dress in court are important.
Avoid distracting mannerisms, such as chewing gum while testifying. While taking the oath, stand upright, pay attention and say, "I do," clearly.
Don't try to memorize what you are going to say. This is unnecessary, but do try to go over in your mind those matters upon which you will be examined.
Be serious in the courtroom. Avoid laughing and talking about the case in the presence of the jury or anywhere in the courthouse where you may be observed.
Speak clearly and loudly enough so that the farthest juror can hear you easily.
Listen carefully to the question asked of you. No matter how nice the attorney may seem on cross examination, he/she may be trying to discredit you. Understand the question, have it repeated if necessary, then give a thoughtful, considered answer. Do not give a snap answer without thinking. Don't rush into answering, but neither should there be an unnaturally long delay to a simple question if you know the answer.
Explain your answer, if necessary. Give the answer in your own words, and if a question can't be truthfully answered with a "yes" or "no," you have a right to explain your answer.
Answer only the question asked of you. Do not volunteer information not actually asked of you.
If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it immediately.
The Judge and jury are interested only in the facts. Therefore, don't give your conclusions and opinions unless specifically asked.
Unless certain, don't say "That's all of the conversation," or "nothing else happened." Instead say, "That's all I recall," or "That's all I remember happening." It may be that after more thought or another question, you will remember something important.
Always be courteous, even if the lawyer questioning you may appear discourteous. Don't appear to be a cocky witness. This will lose you the respect of the Judge and jury. Any lawyer who can make a witness mad will probably cause the witness to exaggerate, appear unobjective, and emotionally unstable. Keep your cool.
Stop instantly when the Judge interrupts you or when an attorney objects to a question.
You are sworn to tell the truth. Tell it. Every material truth should be readily admitted, even if not to the advantage of the prosecution. Do not stop to figure out whether your answer will help or hurt your side. Just answer the question to the best of your memory. Do not exaggerate.
Give positive definite answers when at all possible. Avoid saying "I think," "I believe," or "in my opinion," if you can be positive. If you don't know, say so. Don't make up an answer. You can be positive about important things which you naturally would remember. If asked about little details which a person naturally would not remember, it is best just to say you don't remember. But don't let the defense lawyer get you in a trap of answering question after question with "I don't know."
Try not to seem nervous. Avoid mannerisms which will make the Judge or jury think you are scared, or not telling the truth or all that you know.
Above all - this is most important - do not lose your temper. Remember that some attorneys on cross examination will try to wear you out so you will lose your temper and say things that are not correct or that will hurt you or your testimony. Keep your cool.
If you don't want to answer a question, don't ask the Judge whether you must answer it. If it is an important question, the Commonwealth's Attorney trying the case will take it up with the Judge. Don't ask the Judge for advise.
When being questioned by defense counsel, don't look at the Commonwealth's Attorney or the Judge for help answering. If the question is improper, the Commonwealth's Attorney will object. If a question is asked and there is no objection, answer it. Never substitute your ideas of what you believe the rules of evidence are.
Never argue with the defense attorney.
Don't nod your head for a "yes" or "no" answer. Speak so that the court reporter (or recording device) can hear the answer.
When coming from the witness stand after testifying wear a confident expression, but do not smile or appear downcast.
Sometimes, not often, a defense attorney may ask this question, "Have you talked to anybody about this case?" If you say "no," the Judge and jury knows that isn't right because good prosecutors try to talk to a witness before he/she takes the stand. If you say "yes," the defense lawyer may try to imply that you have been told what to say. The best thing to do is to say very frankly that you have talked with - Commonwealth's Attorney, victim, other witnesses, relatives - and that you were just asked what the facts were. All that we want you to do is tell the truth as clearly as possible.
Now, go back and re-read these suggestion so you will have them firmly in your mind. We hope they will help. These aren't to be memorized. If you remember you are just talking to some neighbors on the jury, you will get along just fine.