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Ready To Be a Witness?
When you're preparing
to be a witness in a deposition or in court, there are several things you
need to keep in mind. First, know that your testimony can help you or hurt
you in your divorce. It's important to present yourself and your understanding
effectively. If it's a deposition, this may be your first chance to impress
your spouse's attorney with what a good witness you're going to be to help
you in negotiations. Here are some suggestions for being a good witness:
Before the questioning
starts:
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Ask your attorney what
questions you should expect. |
|
Read through your answers
to any interrogatories and your responses to any requests for production
of documents. Your spouse's attorney would love to catch you contradicting
your own earlier statement. |
|
Get there a little ahead
of time. |
|
Dress as if you were
going to court (remember, you want to look like a great witness). That
means you wear subdued clothing, makeup, and hairstyle. |
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Be respectful of everyone
in the deposition or courtroom, even your spouse and your spouse's lawyer. |
When the questioning
starts:
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Tell the truth. You
won't be able to change your story later (without losing a lot of credibility). |
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Make sure you understand
the question before you begin answering. Then wait a second or two before
you answer. The wait accomplishes two things: first, it allows your attorney
time to object if he or she needs to; second, it allows you time to collect
your thoughts and make sure you understand the question. |
|
If your attorney objects
to anything -- or for that matter says anything -- stop and wait. Your
attorney will let you know when it's time to continue. |
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Make sure you answer
the question completely. THEN STOP. This is not about telling your story.
Your attorney will provide you that opportunity if it's important to your
case. What you need to do is to answer the question you're asked and only
the question you're asked. If the answer is "yes" or "no," that's all you
need to say. |
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Remember you're under
oath. You're effectively swearing to everything you say. If you're not
sure of something, or if you don't know something from your own personal
knowledge, don't say it's true. |
When the questioning
is over:
|
If it's a deposition,
ask to review the transcript. Court reporters are surprisingly accurate,
but everybody makes mistakes from time to time. Make sure the transcript
is accurate. |
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If you discover later
that something you said in your deposition was wrong, tell your attorney.
If you're working to stay in control, you may want to copy the relevant
passages of the deposition for your attorney, circle the statement(s) you
now know to be untrue, and state the actual facts. This will allow your
attorney to understand the discrepancy quickly and completely. |
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