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The 5 Rules of Testifying

These 5 rules are simple. However simple they may seem, they are sometimes hard to follow. Yet following these rules to the letter will always result in better testimony. These 5 rules are quite simply the most important rules to testifying. Follow them and you will do well.

The 5 rules are:

  1. Listen to the question.
  2. Think about your answer.
  3. Answer only the question asked.
  4. Be quiet.
  5. Tell the truth (always, always, always!).

Three Examples of Answering Only the Question Asked are:

Example #1:

Question: Do you recall what the weather was like that day?

Right Answer: Yes.

Wrong Answer: It was cloudy, raining sporadically, and just downright dreary and cold.

Example #2:

Question: What did you do when the defendant threatened you?

Right Answer: I got back in my car.

Wrong Answer: I didn't want to act like a chicken. But I knew I had a wife and young child to provide for, so I quickly thought about whether I should hold my ground and act tough or whether I should get back in the car. So I decided that for the sake of my family it would be better to get back in the car.

Example #3:

Question: Did you see Mrs. Smith jerk the baby out of Mr. Smith's hands?

Right Answer: Yes.

Wrong Answer: She lunged at Mr. Smith, grabbed the child by the right arm, and jerked the child by the arm 3 times before Mr. Smith finally let go of the child. All the time while this was happening, the baby was screaming and Mrs. Smith seemed to be possessed by the devil himself

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