Suggestions for Student Witnesses
Witnesses play a key role on the mock trial teams. While many
students may consider the attorneys roles as more important, mock
trial judges report that their decision depends as much on the
witness' performances as on those of the attorneys. Many a trial
has been won or lost on the witness stand.
- General Suggestions
- Familiarize yourself thoroughly with the case materials. Know
what you should testify to and what other witnesses know. Witnesses
may not use notes while being questioned.
- Do not try to memorize what you will say in court, but try to
recall what you observed at the time of the incident (i.e., play
the role as if you are the person whose identity you are assuming).
You must establish your credibility as a witness by accurately
portraying the character. Demonstrate knowledge and understanding
of the person (both their strengths and weaknesses).
- Go over your testimony repeatedly with your attorneys. Have
them cross-examine you on the weaknesses in your testimony. Be
prepared to handle hostile questions.
- You are not allowed to make up testimony on direct examination.
If asked a question during cross-examination to which the case
materials supply no answer, you may make up an answer which will
not be inconsistent with your previous testimony. (Refer to the
Rules of the Mock Trial Competition, Rule 702)
- Listen carefully to the questions. Before you answer, make sure
you understand what was asked. If you do not understand, ask that a
question be repeated. If you realize that you answered a question
incorrectly, ask the judge if you may correct your answer.
- When answering questions, speak clearly so you will be heard.
The judge must hear and record your answer; therefore, do not
respond by shaking your head "yes" or "no."
- Do not give your personal opinion or conclusions when answering
questions unless specifically asked. Give only the facts as you
know them, without guessing or speculating. If you do not know, say
so.
- Be polite while answering questions. Do not lose your temper
with the attorney questioning you. Remember that you are there to
tell what you know, and not necessarily to be an advocate for your
side.
- Always be courteous to witnesses, other attorneys, and the
judge.
- Always stand when the judge enters or leaves the room. Always
say "Yes, Your Honor" or "No, Your Honor" when answering a question
from the judge.
- Dress appropriately (to show respect for the court).
- If the judge rules against you in the case, take the defeat
gracefully and act cordially toward the judge and the other
side.
- Opening Statements
Objective: To acquaint the judge with the case and outline what
your attorneys are going to prove through witness testimony and the
admission of evidence.
- Direct Examination:
- Objective: To obtain information from favorable witnesses your
attorneys call in order to prove the facts of your case.
- Advice in Preparing:
- Learn the case inside out, especially your witness statement
(or affidavit).
- Know the questions that your side's attorney will ask and
prepare clear and convincing answers that contain the information
that the attorney is trying to elicit from your testimony.
- Practice with the attorney.
- Advice in Presenting:
- Be as relaxed and in control as possible. An appearance of
confidence and trustworthiness is important.
- Don't read or recite your witness statement verbatim. You
should know its contents beforehand.
- Be sure that your testimony is never inconsistent with the
facts set forth in your witness statement (or affidavit).
- Don't panic if the attorney or judge asks you a question you
haven't rehearsed.
- Cross-Examination
- Objective: To make the other side's witnesses less believable
in the eyes of the trier of fact.
- Advice in Preparing:
- Learn the case thoroughly, especially your witness
statement.
- Anticipate what you will be asked on cross-examination and
prepare answers accordingly. In other words, isolate all the
possible weaknesses, inconsistencies, and problems in your
testimony, and be prepared to explain them.
- Practice.
- Advice in Presenting:
- Be as relaxed and in control as possible. An appearance of
confidence and truthfulness is important.
- Be sure that your testimony is never inconsistent with the
facts set forth in the witness statement.
- Don't read or recite your witness statement word for word.
- Cross-examination can be tough, so don't get flustered.
- Your job as a witness is to tell the truth, as you know it,
about what happened. It is not your job to be an "advocate" for
your side or to argue with opposing counsel.