TIPS IN EFFECTIVE COURTROOM TESTIMONY AS A CASA ADVOCATE
As a CASA volunteer, you will more than likely be presented with numerous opportunities to testify in court about your conclusions regarding the best interest of the child and the facts that support your conclusions.
Your conclusions and the facts and evidence that support your conclusions are communicated to the court in the form of a court report. Occasionally, you may be called upon to testify under oath as a witness on the case. Your testimony can be in the form of a narrative testimony or sometimes in a typical question and answer format.
Although most attorneys spend time preparing to question a witness, many witnesses do not spend time preparing to answer questions. The most important thing you can do to prepare to testify is to review your file prior to the hearing. Here are some important tips to consider as you prepare:
Be prepared.
- If possible, work out the narrative with the lawyer who plans to call you as a witness.
- Don't try to memorize what you are going to say, but do try to refresh your mind on those matters upon which you will be examined.
- Try to relive the scene in your mind and communicate it to the judge or jury.
Be professional
- Always face the lawyer questioning you.
- Speak up clearly and loudly enough so that the farthest juror can easily hear you.
- Do not nod or shake your head for a "yes" or "no."
- Do not get angry. Keep calm.
- Be courteous, even if the attorney questioning you may appear discourteous.
- Never argue with the lawyer or talk over them - even if they are bagering you.
Present a proper appearance.
- Dress neatly.
- When taking the oath - stand upright, pay attention, and say "I do" clearly.
- While testifying, avoid nervous mannerisms that may distract the judge or jury.
Listen carefully to the questions asked of you.
- Do not try to over-anticipate where the lawyer is "going" with a question. If you attempt to shape your testimony based upon how you think the question is going or will go, you may damage your own credibility.
- Answer the question that has been asked, not the question you think the lawyer should have asked.
- Give yourself time to really understand the question; this is not a race. A pause may also allow one of the lawyers to object.
- No matter how nice the attorney may seem on cross-examination, they may be trying to discredit you.
- Understand the question (have it repeated if necessary) and then give a thoughtful, considered answer.
- Do not volunteer information. If your answer was not correctly stated, correct or clarify it immediately.
Explain your answer, if necessary.
- Give the answer in your own words.
- If a question cannot be truthfully answered with "yes" or "no," you have the right to explain your answer.
- Do not ask the judge whether or not you must answer a question. If the question is improper, another attorney may object.
- Do not look at the lawyer on your side or at the judge for help in answer a question.
Do not use "that's all" or "nothing else."
- It may be that after more thought or another question you may remember something important. Instead, say "that's all I recall" or "that's all I remember."
Be yourself.
- If you try to imagine that you are talking to friends or neighbors on the jury, you will be more convincing and will do a fine job.
- Every material truth should be readily admitted. Do not stop to figure out whether your answer will help or hurt your side. Just answer the questions to the best of your memory without exaggerations.
- Never agree with a statement from a lawyer you really don't agree with.
- You are the best and only expert about your own conclusions - that is why the judge appointed you.
Most CASA advocates would agree that testifying in court is the least rewarding part of the job. However, in order for the system to work, courtroom testimony is an extremely important part of the process. Your testimony in most cases is the most influential and effective in helping the judge or the jury in making the most important decisions that occur in the justice system.
Presented by Scott McKee, District Attorney in Henderson County Texas, and Ashley McKee, a solo practioner attorney.
Don't forget to complete your continuing education credit report for each training you complete. This will help to ensure that you are receiving credit for any training hours completed and that those hours are applied to your 12 hours per year in-service requirements.