how to give your own testimony as pro per attorney

Re: how does pro se offer witness testimony You call yourself as a witness just as if you were calling anyone else. Instead of asking yourself questions, you would just tell the court what you want to say.

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

Nov 14, 2012 · 4 attorney answers. Posted on Nov 15, 2012. I will state very simple concepts: 1. IF you are not satisfied with your counsel you may hire another counsel or qualify for a Public Defender if truly indigent, 2. IF you keep firing your counsels one after another the problem lies within you, not with them, 3.

Why do lawyers ask you to count to ten before testifying?

Model Rules of Professional Conduct Rule 3.7 contains the well-known prohibition on lawyer testimony known as the "Lawyer as Witness Rule" or the "Attorney Testimony Rule." It provides: (a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) the testimony relates to an uncontested issue;

Do you have to present testimonial evidence in court?

In order to present your evidence, you must have a copy for the other party or his or her attorney. Your own copy will be provided to the court. Your documentary evidence must be able to show what it is, its origin, who produced it, why you have it and why it is relevant to your case. Different courts have different rules about marking exhibits.

What is the lawyer as witness rule?

Re: how does pro se offer witness testimony. You call yourself as a witness just as if you were calling anyone else. Instead of asking yourself questions, you would just tell the court what you want to say. Keep in mind that while you're on the stand, you are bound by the same rules of evidence as any other witness.

How do I write a legal testimony?

Tips for TestifyingSPEAK IN YOUR OWN WORDS. Don't try to memorize what you are going to say. ... SPEAK CLEARLY. ... APPEARANCE IS IMPORTANT. ... DO NOT DISCUSS THE CASE. ... BE A RESPONSIBLE WITNESS. ... BEING SWORN IN AS A WITNESS. ... TELL THE TRUTH.Feb 5, 2020

How do I present my case to my lawyer?

Consider how much you are willing to do to organize your evidence, provide your witness contacts, write down a chronology (time line) of events, and generally sell yourself to your attorney, as well as the case, by appearing organized. Tell your story in the shortest possible way.Jun 15, 2013

Can I be sued for my testimony?

Answer: No. An individual who is convicted based on false testimony cannot sue the lying witness for civil (or money) damages.

What should a witness never do with their testimony?

Don't nod, shake your head or make faces or noises no matter what someone says. The judge and both lawyers can look at anything you take to the witness stand. Don't take anything you don't want them to see or read. Don't try to trick the judge and lawyers.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

How do you prepare yourself to present your case?

Preparing Your CaseStay up to date with your case.Find out your trial schedule.Read the complaint.Figure out which court rules apply.Identify and locate your evidence.Prepare your documents for trial.Find out more facts: use the discovery process.Identify and prepare any witnesses.More items...•Jan 19, 2022

How do you prove a witness is lying?

Thereafter, you can focus on the thought process behind telling the lie. Comparing or contrasting different choices can be a great way to get a witness to explore the reason why they told a lie....The right way to prove someone lied in courtDeceive.Fraudulent.Obstruct.Manipulate.Tell less than the truth.

Can I write my own witness statement?

If you are making a witness statements it should: be written in your own words, in the first person. state facts within your personal knowledge, and if not. specify the source of the information or belief is not within your direct knowledge.Apr 8, 2020

What happens if you lie on a witness statement?

If a witness makes a false statement without an honest belief in its truth, he may be found to be in contempt of court and held liable to pay a fine or imprisoned.May 14, 2013

Is testifying in court scary?

Not many people like to testify under oath. Scary, intimidating, emotional are how some describe court. Others may also describe it is liberating (believing that “the truth shall set you free”). Some people get enjoyment or feel it is a civic duty to tell on other people.Jan 31, 2018

How do I calm my nerves before testifying?

Keeping Calm on the Stand | 7 Tips for Testifying in CourtClothing is Important. No matter who you are, you're going to want to dress in your best clothing. ... Act Respectfully. ... Refresh Your Memory. ... Speak Slowly and Truthfully. ... Answer Questions Only. ... Avoid Absolutes. ... Stay Calm.Mar 8, 2019

What makes a good witness statement?

It should contain all of the evidence that you want the court to have about the case and the reasons why you want the judge to make certain orders or directions. A witness statement should be factual and state what was seen, heard or felt by the person writing the statement.

What is testimonial evidence?

Testimonial Evidence. One form of evidence that you may wish to present is testimonial evidence. This requires for you to call a witness to the stand before the judge or jury. Some common witnesses are the parties to the case, people who have records relevant to the case, experts who may provide an opinion about the case ...

How to get exhibits into evidence?

You must have the exhibit marked, either as required at the beginning of the hearing or just before you present the evidence to the witness. Some courts require you to ask the judge to mark the exhibit for identification. Next, provide the other side with the copy of the evidence.

What is documentary evidence?

Documentary Evidence. Evidence that is provided during a court proceeding is referred to as an “exhibit.”. In order to present your evidence, you must have a copy for the other party or his or her attorney. Your own copy will be provided to the court. Your documentary evidence must be able to show what it is, its origin, who produced it, ...

Can a jury see evidence?

In jury cases , you may wish to have the jury be able to see the evidence that you just had admitted. For example, you may want them to see a picture that the witness just described. Ask the judge for permission to publish if you go this route.

What are the tips for a trial?

When testifying in court, consider these "Ten Tips for Trial Testimony": 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.

What to do when cross examined by opposing attorney?

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. If the answer to a loaded question on cross examination is "yes" and you feel compelled to volunteer an explanation which will minimize an unfavorable appearance, remember that your attorney may question you again to permit the opportunity for such an explanation. By trying to "sneak" the explanation into your testimony on cross examination, you will look very defensive on the witness stand and harm your own credibility.

Do witnesses have points for fast answers?

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!

What to do if you don't understand a question?

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.

Is a witness a computer?

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. In the hands of a skilled advocate on the other side, guesswork can provide just the tool needed to destroy a witness' credibility and leave him limping off of the witness stand

Is it easier to testify in court?

Indeed, telling the "Truth, Whole Truth and Nothing but the Truth" is not always as easy as it sounds. Telling our story is much easier without a judge, jury and lawyers examining our statements and the precise way that we use them. This is particularly true for those witnesses testifying on their own behalf in criminal cases or in civil lawsuits. In trial, the witnesses are truly "on stage" and must perform well to convey their accounts in a credible manner.

Richard Frederic Fried

The answers here are excellent. Each Judge has a unique personality and will process information differently. Judges are usually well prepared and do not need to be spoon-fed information. Do your research about the Judge--see how long they've been on the bench and the type of work they did as a lawyer. Be polite; respectful but persistent.

Bari Zell Weinberger

You will make a statement verbally and the judge may ask you questions. Your testimony is a way for you to get your side of the story out so focus on that. After you testify, the other party (whether pro se or through counsel) will have the right to cross examine you based on what you say.

Ronald Glenn Lieberman

You will likely be reading your own testimony or the judge will direct questions toward you.

Catherine A Ross

You will make a statement after indicating you are going to call yourself to testify at this time and being sworn in if you were not already sworn in at the beginning of the hearing.

Tony Anthony

Ms. Ross has provided sterling advice regarding this matter from your previous question.

Who must disclose to the defendant?

The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

What does the Constitution say about exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. ( Giglio v. United States, 405 U.S. 150 (1972).)

What are some examples of discovery?

Types of Discovery. A police report is a common example of discovery. (However, the law might not require disclosure of police reports in all states.) A typical one will contain the names of any victims or witnesses, reports of statements by such people, observations by the officer, and more. The police report is sometimes the first item ...

What is Brady Material?

Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

What is exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment.

Does the Constitution require the prosecution to disclose material evidence?

Courts have held that the U.S. Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

How to make your testimony sound unconvincing?

Instead, be yourself, and prior to trial go over in your own mind the matter about which you will be questioned.

What is cross examination in court?

The questions asked are for the purpose of “direct examination”. When you are questioned by the opposing attorney, it is called “cross examination”. This process is sometimes repeated several times in order to clearly address all aspects of the questions and answers. The basic purpose of direct examination is for you to tell the judge and jury what you know about the case. The basic purpose of cross examination is to raise doubts about the accuracy of your testimony. Don’t get mad if you feel you are being doubted during the cross examination. The defense attorney is just doing their job.

What is the importance of dress in court?

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.

What is the most important thing to tell the truth?

Most important of all, you are sworn to TELL THE TRUTH. Tell it. Every true fact should be readily admitted. Do not stop to figure out whether your answer will help or hurt either side. Just answer the questions to the best of your memory.

What is the purpose of cross examination?

The basic purpose of direct examination is for you to tell the judge and jury what you know about the case. The basic purpose of cross examination is to raise doubts about the accuracy of your testimony. Don’t get mad if you feel you are being doubted during the cross examination.

What to do if you answer incorrectly?

If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it immediately. It is better to correct a mistake yourself than to have the attorney discover an error in your testimony. If you realize you have answered incorrectly, say, “May I correct something I said earlier?” Sometimes witnesses give inconsistent testimony – something they said before doesn’t agree with something they said later. If this happens to you, don’t get flustered. Just explain honestly why you were mistaken. The jury, like the rest of us, understands that people make honest mistakes.

What to say when someone says "that's all I remember"?

Unless certain, don’t say “That’s all of 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.