作为证人的规则

By Carolyn Woodruff, North Carolina Family Law Specialist, CPA, CVA 

So, the court date is approaching. The witness st和 is in your future! 别担心!

Testifying is both easy, 和 hard. The easy part is telling the truth! 困难的部分是倾听. 是的,我说的是倾听. Witnesses frequently do not listen to the question being asked by the lawyer.

There are four rules to being a witness: (1) Listen to the question. (2)理解问题. (3)回答问题. 闭嘴!

Most witness errors are in listening. The witness has on his or her mind what the witness wants to say. And, mostly likely, that has little to do with the question asked. Listening is mostly psychological, as contrasted to hearing which is physical (i.e.你的耳朵工作正常吗?).

Here are some tips for listening.

 First, relax 和 take a deep breath. Be in a mindful state as they say in yoga. 不急着回答. The judge will give you plenty of time to compose yourself 和 answer.

Second, if you did not underst和 what you heard, ask for the question to be repeated.

Third, listen for keywords like “who, what, where, when, how much 和 why.”

“So, do you know what time it is?“你的回答是什么?? Most people look at their watch or phone 和 give you the time. 但这不是问题所在. The question called for a yes or no answer—not the time.

“When” calls for a date 和 perhaps a time. Example question: “When did you go to bed?回答:“大约晚上10点。.” The questioner did not ask why you selected that bedtime, 或者你在哪里, 或者房间的温度.

“Where” calls for a location or place. “Where did you go at 11 AM Sunday?回答:“去教堂。.“现在, this answer could include the name 和 address of the church, but the good witness might wait for the next question which would elicit the location if important.

“Who” calls for the name of a person. “Who did you go to church with last Sunday?” Answer:  “My son Rob 和 my husb和 John.”

“How much”指的是一个数量. “How much did you pay for your car approximately?回答:“我不记得了。. I would need to see the contract.”

“Why” calls for an explanation. The why questions require you to explain, but I usually tell witnesses that explanations of more than three to five sentences should generally be avoided. Explain, 和 wait 和 see if the questioner needs more. “Why did you go to sleep at 10 PM?回答:“我累了。.” Going off on a tangent on all that you did that day that made you tired is not required. The questioner can follow up with “what made you tired?” if that is important to the case.

Do not be afraid to say: “yes,” “no,” “I don’t know,” or “I do not recall.” Those are answers if they are truthful. You can ask to explain your answer.  “Yes, but I would like to explain.” Then take three to five sentences for your explanation.

Following 和 practicing these rules on listening will make you a much more credible witness. And being credible is what this is all about.