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Dress neatly and appropriately. Dress as if
you were going to church.
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Please do not chew gum or smoke while
testifying, and avoid distracting mannerisms. Always be polite.
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When taking the oath, stand upright, pay
attention, and say "I do" clearly.
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Be serious, attentive and courteous in
court or anywhere else in the courthouse where jurors may observe you.
Always remember that the person riding on the elevator with you might be a
juror on your case.
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Speak clearly and loudly enough so that the
juror farthest from you can hear you easily.
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Before you testify, try to picture the
crime scene, the objects at the scene, the distances involved and just what
happened, so that you can recall more accurately when asked.
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Tell the truth. You are sworn to do so. Do
not stop to figure out whether your answer will help or hurt the
prosecution. Just answer the questions truthfully to the best of your
memory. Do not exaggerate and do not make up answers. Never guess at and
answer. The form response, "I don't recall" is perfectly
permissible if you do not remember some details.
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Listen carefully to each question asked of
you. Understand the question and have it repeated, if necessary. If you do
not understand the question, tell the judge you do not understand it. Do not
give a snap answer without thinking. Do not rush to answer, but do not delay
in answering simple questions if you are sure you know the answer.
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Answer only the questions asked you, do not
volunteer information. Explain your answer only if asked. Give the answer in
your own words, and if a question cannot be truthfully answered with a
"yes" or "no," you have a right to explain the answer.
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If your answer was not correctly stated,
correct it immediately. If your answer was not clear, clarify it
immediately.
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If you do not want to answer a question,
don't ask the judge whether you must answer it. If it is an improper
question, the prosecutor will rise and state an objection. Otherwise, you
should answer the question as you would any other.
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Do not shake your head indicating a
"yes" or "no" answer. Answer every question with words.
Speak so that the court reporter (or recording service) can hear the answer.
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Give positive, definite answers when
possible. Avoid saying, "I think" or "I believe," if you
can be positive. However, if your answer is only an estimate about distances
or time or other such factors, be sure to state that it is only an estimate.
If asked about details you do not remember, simply say, "I don't
remember" or "I don't recall."
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Unless certain, do not say, "That's
all the conversation" or "Nothing else happened." Instead,
say, "That's all I recall" or "That's all I remember
happening." It may be that after more thought or another question, you
will remember something important.
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The court is interested in only the facts.
Please do not give your conclusions and opinions unless asked.
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Do not let the defense attorney make you
mad. Some attorneys will try to wear you out on cross-examination or say
things that will make you lose your temper. If this happens, you will not be
a good witness. Do not argue with the defense attorney. Keep calm no matter
what the defense attorney does.
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Do not let the defense attorney lure you
into thinking he is your friend who is trying to help you. Follow his line
of questions carefully.
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Give the prosecutor time to object to any
questions the defense attorney asks you and stop immediately if the judge
interrupts or any attorney objects.
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If you are asked by the defense attorney
whether you have talked with the prosecutor or anyone else about the case,
as in every other situation, tell the truth. It is perfectly alright to talk
to the prosecutor.
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When coming from the witness stand or after
testifying, wear a confident expression, but do not smile or appear
downcast.
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Avoid laughing and talking about the case
anywhere outside the courtroom that the jurors or the defendant's family or
representatives may overhear you.
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Remember, your testimony in the courtroom
is for the benefit of the jury, not the prosecutor or the judge, so do not
be afraid to have eye contact with the jury as you testify.