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2015 Spring Conference
WITNESS: HOW TO TESTIFY EFFECTIVLY
May 5, 2015
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WITNESS: HOW TO TESTIFY EFFECTIVLY
Act 54 Course #17935 2 hours Administrative
Instructor: Peter Letzmann, #153
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Turn it OFF (or vibrate), please.Letzmann(c)2015 305/05/15
Peter A. Letzmann
• 248 705-9901• [email protected] • Attorney
• City of Detroit• City of Pontiac• City of Troy• Resort Township• Solo
• Mediator• Educator; Oakland U,
GVSU, Ferris & others
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FIRST THINGS FIRST
-Goals
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-Network – make an effort to meet people
-Participate – ask questions and share experiences, especially if you have some information or techniques that will help
-Take lots of notes – you will learn more.
-I will try, with your participation not to make this a lecture.
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• Find the “big ideas”– ___________________________– ___________________________ – ___________________________
• Fill out the evaluations, honestly, and leave them with us at the end of the program
• Share your “big ideas” when you get back
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• Write a “Dear Boss” thank you letter– Thanks for letting come to the COCM
Conference– The items I learned and want to share with you– The next conference is September 21-25 and I
would like to attend and learn.
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Pre-test
1. What is the most stressful thing a person can experience
a. Suffer the death of a loved one
b. Lose your job
c. Be a witness (or speaking in public)
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Pre-test
2. What can be done to relive anxiety of being a witnessa.Talk to friends
b.See a professional psychologist
c.Preparation
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Pre-test3. Eye contact is necessary
A. True
B. False
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Pre-test4. In court, who is your audience
a. Plaintiff’s attorney’
b. Defendant’s attorney
c. Judge or jury
d. Court reporter
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Pre-test5. Reduce your fear by
a. Having a couple of drinks
b. Eating a big meal before
c. Preparation and practice
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What Do You Need to Know?
• Why do I feel so anxious and what can I do about that?
• Why am I being called to be a witness?
• Where will I have to testify?
• What will I have to do as a witness?
• How can I prepare to be a witness?
• The goal is believability
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Part I BEING ANXIOUS
• Being a witness is like giving a speech
• Psychologists have told us the three things people fear the most are:– Death of a loved one– Loss of a job and– The number on fear is giving a speech,
making a presentation or being a witness
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Why Are Witnesses Anxious?
• Unfamiliar situation
• Lack of confidence
• Sense of isolation
• Self-consciousness
• Fear of looking foolish
• Fear of the consequences – losing the case
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What Can You Do About Anxiety?
• Know what is going to happen
• Be prepared – know the facts
• Don’t be intimidated
• Relax your voice
• Relax your body
• Practice
• If you know what you are doing you will be less nervous
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Part II BEFORE GIVING TESTIMONEY
• The need for good record keeping
• Anticipate being called as a witness
• Informal statements
• Being called to testify
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The Need for Good Record Keeping
• Observations are best remembered when quickly recorded
• Evidence should be saved for trials
• Identification of other witnesses
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Anticipate Being Called As a Witness
• Keep track of time – cost recovery
• Make more detailed notes than normal
• Originals should never be taken from the place they are kept– Photocopies serve the same evidentiary
purpose– Criminal penalties for removal
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Informal statements
• Caution• “Just want to know what happened” –
attorney, para-legal, investigator• Check with your attorney first• Policy and procedure: Contacts With
Outside Investigators, Para-legals and Attorneys Regarding Cases Involving the Government Entity
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Being Called to Testify
• Subpoena – bring the body
• Subpoena duces tecum – and bring documents, etc.
• Notice to testify (verbal or written) – may require you to bring documents
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Part III TESTIMONY
Any statement made before the court (including testimony taken at a deposition). In most cases this word refers to sworn verbal statements made by witnesses appearing in the courtroom to give evidence, however technically any statement made in a proceeding before the court is testimony.
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Type of Testimony
• Opinion testimony
– Qualification as an expert
– Opinion as to how or why
– Technical objections
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Type of Testimony
• Lay testimony – your perceptions
– See
– Hear
– Smell
– Touch
– Taste
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Four are killed in New York City, March 18, 2008
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Newsday.comFamilies of NY crane collapse victims sue
NEW YORK, March 30, 2009
The families of two men killed in a crane collapse have sued New York City, several construction companies, and crane owners and operators.
The victims were 30-year-old Donald Leo and 27-year-old Ramadan Kurtaj. They died when the crane fell on Manhattan's Upper East Side on May 30, 2008.
The two wrongful death lawsuits were filed Monday in state Supreme Court.
They say New York Crane and Equipment Corp. put a defective 200-foot crane into service and the city allowed it to happen.
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CREWS RESTORING ELECTRICITY IN DOWNTOWN GRAND RAPIDS AFTER CRANE
COLLAPSE
The Grand Rapids Press, Saturday March 28, 2009, 12:58 PM
GRAND RAPIDS -- Consumers Energy line workers say that power should be restored around 5 p.m. Saturday to about three blocks near South Division Avenue after a construction crane collapsed Friday night into an alley and parking lot. No one was injured. …
• The crane's operator was uninjured, construction company representatives said. A portion of the crane tipped into a hole and caused the boom to fall, landing 30 feet from the deck of Rockwell's Kitchen and Tap, 45 S. Division Ave.
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Connecticut Victims of Rhode Island Nightclub Fire Sue 27 Defendants.
By Jesse Hamilton, The Hartford Courant, Conn. Knight Ridder/Tribune Business News
Jun. 6, 2003--NEW LONDON, Conn.--Attorneys representing survivors and the families of victims of the deadly nightclub fire in Rhode Island are suing a long list of defendants for negligence.
The group of New London attorneys filed the $100 million lawsuit Thursday in U.S. District Court in New Haven.
The 526-page complaint accuses 27 defendants, including the owners of The Station nightclub, the band that performed the night of the fire and others.
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Where Will You Have to Testify?
• At Administrative hearings– Relaxed rules of evidence– Less formal than trials– Some examples
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Where Will You Have to Testify?
• At Depositions – Under oath, before a court reporter, usually
at an attorney’s office– Observe and test you as a witness– Discover your background– Discover what facts you konw
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Where Will You Have to Testify?
• At depositions (continued)– To gain “admissions”– To “lock-in” your testimony– To record your testimony, in case you are
not available for trial– Don’t gain a false sense of confidence– Your attorney’s role
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Where Will You Have to Testify
• At criminal courts– State District Courts– State Circuit Courts– Federal District Courts
• At civil courts– State District Courts– State Circuit Courts– Federal District Courts
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Part IV PREPARATION
• Metal preparation
• Physical preparation
• Body language
• Refreshing your memory
• Dealing with attorneys
• Physical appearance
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Metal Preparation
• The jury’s first impression is made in the first three seconds – smile and posture
• I look better than I feel – they don’t see how you feel
• The jury wants you to succeed – they are happy that they are not in your shoes
• A good faith mistake will not matter much – don’t draw attention to your mistakes
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Physical Preparation
• Good nights sleep
• Brush your teeth and use mouthwash
• Look presentable
• Go to the bathroom before you take the stand
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Physical Preparation• Breath but don’t hyperventilate• Shake up your hands• Vocal exercise, i.e., A-E-I-O-U• Use all the tools
– Words or what you say = 10%– Voice and enunciation = 35%– Body language, eye contact, manner and
appearance = 55%• Be confident
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Body LanguageNONVERBAL BEHAVIOR = INTERPRETATION
• Brisk, erect walk = Confidence• Standing with hands on hips =
Readiness, aggression• Sitting with legs crossed, foot kicking
slightly = Boredom• Sitting, legs apart = Open, relaxed• Arms crossed on chest = Defensiveness
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• Walking with hands in pockets, shoulders hunched = Dejection
• Hand to cheek = Evaluation, thinking
• Touching, slightly rubbing nose = Rejection, doubt, lying
• Rubbing the eye = Doubt, disbelief
• Hands clasped behind back = Anger, frustration, apprehension
• Locked ankles = Apprehension
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• Head resting in hand, eyes downcast = Boredom
• Rubbing hands = Anticipation• Sitting with hands clasped behind head,
legs crossed = Confidence, superiority• Open palm = Sincerity, openness,
innocence• Pinching bridge of nose, eyes closed =
Negative evaluation
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• Tapping or drumming fingers = Impatience
• Steepling fingers = Authoritative
• Patting/fondling hair = Lack of self-confidence; insecurity
• Tilted head = Interest
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• Stroking chin = Trying to make a decision
• Looking down, face turned away = Disbelief
• Biting nails = Insecurity, nervousness
• Pulling or tugging at ear = Indecision
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Refreshing Your Memory• Review the record
– Your notes, calendars, logs, etc– Documents and official records– Physical evidence, including pictures– Never give up the original document– Policies and procedures, SOP, Admin memos
• Refresh your memory of things not in the record– Group discussions– Re-enactments
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Dealing With (Your) Attorney• Take time
– To confer– To become confident– To become comfortable
• Where are you “vulnerable?”• When your attorney objects
– Stop– Listen– Follow the instructions from the judge or your
attorney
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Dealing With (Your) Attorney
• What questions will your attorney ask you
• What questions will the other attorney(s) ask
• What is the theory of the case
• What are the desired results
• What is the purpose of your testimony
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Dealing With (the Other) Attorney
1. The sweet talker – don’t be seduced
2. The bully – don’t be intimidated
3. A combination –
4. Remember the his role
– To discredit you
– To discredit your testimony
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Physical Appearance
• No second chance for a first impression
• Appropriate attire
• Hair and make-up
• Mannerisms
• Look in the mirror before you leave the house
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Check List – Things to Do
1. Tell the truth!
2. Be humble
3. Be yourself
4. Dress neatly
5. Arrive on time … but be patient
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Check List – Things to Do
1. Be prepared
2. Try to relax
3. Speak clearly
4. Be aware of your body language
5. Stick to the facts
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Check List – Things to Do
1. Answer all the questions to the point2. Answer only the question that was
asked3. Answer the questions verbally4. Look at the jurors (or the judge) and
speak to them5. Make sure you understand the
question
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Check List – Things to Do
1.Expect to be questioned by several people
2.Think about your answer before you give it
3.Project your voice
4.Correct mistakes immediately
5.Stop when an objection is made
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Check List – Things to Do
1.Practice
2.Others
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Check List – Things NOT to Do
1. Be brilliant
2. Be arrogant
3. Be angry or lose your temper
4. Memorize what you will say in court
5. Over prepare
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Check List – Things Not to Do
1. Volunteer
2. Exaggerate or guess
3. Talk to the jurors
4. Fear a negative outcome
5. Start answering before the question is finished
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Check List – Things Not to Do
1. Be afraid to say “I don’t know”
2. Avoid answering a question
3. Let them put words in your mouth
4. Be afraid to answer the trick questiona. Are you being paid?
b. Who told you to say that?
c. Have you discussed this case with anyone?
d. Then your story is …?
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After the Deposition or Trial
1. Read and sign the deposition to catch errors; Unless you request it, it is waived
2. Review the testimony with you attorney
a. How could the testimony have been improved
b. How could the matter been prevented
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Part V PRACTICE, PRACTICE AND PRACTICE
• Review the record• Do not frown (smile if appropriate)• Practice speaking, alone• In front of a mirror• Using a audio, or better a video recorder• In front of your friends / family• Moot court / mock testimony• Visit the court room, if you can
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