how to make a testimony with out a lawyer

Thus, you can use the deposition to get sworn testimony without the witness appearing in court. 2. Affidavit Another alternative is to get a written statement from the witness, have the statement notarized, and use the statement read in court. The affidavit (notarized testimony) works just as well as the witness' testimony.

Full Answer

How do you give a good testimony in a criminal case?

Speak Clearly. Present your testimony clearly, slowly, and loud enough so that the juror farthest away can easily hear and understand everything you say. Avoid distracting mannerisms such as chewing gum while testifying. Although you are responding to the questions of a lawyer, remember that the questions are really for the jury’s benefit.

Should lawyers talk to their clients during testimony?

Some embrace a more nuanced view that it is permissible for a lawyer to talk to a client during the client’s testimony, but it is improper for a lawyer to talk to a third-party witness.

How do you write a letter of testimony?

A letter of testimony contains different information depending on whether you're giving evidence as an eyewitness or as an expert. Start by addressing your letter to the presiding judge of the court where the case is being heard, followed by the name of the case and case number.

How should I review my testimony before my trial?

Even when you are represented by AV rated trial lawyers with years of courtroom experience, you must work closely with your attorneys to review the details of your testimony and to anticipate questions which will arise at trial. If possible, you and your lawyer should review many of these questions under trial conditions.

1. Be truthful

This common sense advice remains the very best recommendation for any witness taking the stand. When testifying, do not try to "argue" your point, dodge questions to avoid problem areas, or place any type of "spin" on your version of the facts.

2. Listen Carefully to the Question -- and wait until the entire question is asked

A very common problem in testifying, many witnesses are so anxious to cooperate and to provide quick answers that they don't wait until the entire question is asked. As a result, they often answer a different question than the lawyer intended and disrupt the flow and effectiveness of the questioning.

3. Answer Only the Question That Was Asked

If you listen carefully to the question, you must consider the scope of the question and not go beyond the issue at hand. Particularly when being cross examined by an opposing attorney, don't volunteer information that was not asked! This will only assist the opposition in obtaining additional facts to bury your case or that of your ally.

4. Take Your Time -- Think Before Answering Each Question

There are no points for fast answers. Witnesses who take their time to think about their answers are perceived as being conscientious and concerned about telling the truth. On the other hand, if the prosecutor asks whether you killed your wife, you probably don't want to pause too long!

5. Don't Guess at the Answer -- if you don't know, say you don't know! If you don't remember, say you don't remember!

Witnesses are not "human computers." Many of us have difficulty remembering what we had for dinner last night, to say nothing of events which may have occurred months or years earlier. If you don't know or remember particular facts, do not give your best guess as to the answer.

6. Ask for Clarification if you don't understand a question - never attempt to answer a question that you don't really understand

Particularly in the anxious and adversarial atmosphere of the courtroom, certain questions may not make sense or may get lost in the commotion of evidentiary objections. Don't try to make sense out of the question yourself. If you don't understand a question, ask that it kindly be repeated or rephrased.

7. Be Cooperative, But Don't Be Forced into an Inaccurate Answer

Even when dealing with opposing attorneys, witnesses should be cooperative in answering questions and should not show antagonism on the stand. However, witnesses who are too cooperative and give the questioner what she wants to hear may kill their case.

Testifying Part 1: The Law Regarding Testimony

Before a witnesses testifies, a court reporter (sometimes called a CSR which stands for Certified Shorthand Reporter) or a courtroom clerk asks the witnesses to raise their right hand and swear or affirm that the testimony they are about to give is the truth.

Testifying Part 2: Types of Testimony

Testimony can be provided in several ways: (1) By written statement, usually called a declaration or affidavit; (2) by deposition or on-the-record interview that may be recorded by a court reporter or a video or audio recording device; or (3) by providing live testimony in a trial or evidentiary hearing, arbitration, or other quasi-judicial hearing.

Testimony Part 3: How to Prepare to Testify

Once you know the form of your testimony, it’s time to prepare. Here are things to consider as you prepare to testify.

Testimony Part 4: How to Testify

You have prepared (or not prepared) as advised by your counsel. You have arrived at the location at the appointed date and time. Now, it’s time to testify. How do you do it effectively?

How Witness Testimony Proceeds at Trial

Criminal trials follow the same basic order. Following opening statements, the prosecution presents its evidence, including its witnesses. For each witness, there may be two or more steps to the testimony:

Speaking With a Lawyer

What if you’ve been called to testify as a witness in someone else’s criminal trial, but you’re worried that you might get into trouble yourself as a result of the questioning? Rather than relying on assurances from the prosecutor or defense lawyer who asked for your testimony, you'd be wise to speak with an outside attorney who can give you independent advice about how to protect your rights and avoid potential pitfalls..

Refresh Your Memory

Before you testify, try to picture the scene, the objects there, the distances and exactly what happened. This will assist you in recalling the facts more accurately when asked a question. If the question is about distances or time, and if your answer is only an estimate, make sure you say it is only an estimate.

Speak In Your Own Words

Don’t try to memorize what you are going to say. Doing so will make your testimony sound “pat” and unconvincing. Instead, be yourself, and prior to trial go over in your own mind the matter about which you will be questioned.

Appearance Is Important

A neat appearance and proper dress in court are important. An appearance that seems very casual or very dressy will distract the jury during the brief time you’re on the stand, and the jury may not pay attention to your testimony.

Speak Clearly

Present your testimony clearly, slowly, and loud enough so that the juror farthest away can easily hear and understand everything you say. Avoid distracting mannerisms such as chewing gum while testifying. Although you are responding to the questions of a lawyer, remember that the questions are really for the jury’s benefit.

Do Not Discuss the Case

Jurors who are or will be sitting on the case in which you are a witness may be present in the same public areas where you will be. For that reason, you MUST NOT discuss the case with anyone. Remember too, that jurors may have an opportunity to observe how you act outside of the courtroom.

Be A Responsible Witness

When you are called into court for any reason, be serious, avoid laughing, and avoid saying anything about the case until you are actually on the witness stand.

Being Sworn In As A Witness

When you are called to testify, you will first be sworn in. When you take the oath, stand up straight, pay attention to the clerk, and say “I do” clearly.