testimony when you answer questions from the attorney who hired you

by Matt Rippin 4 min read

A testimony is considered a person's opinion unless the person is an expert witness. During a trial, if a person who is giving a testimony answers questions from an attorney, it is called an examination.

Full Answer

What is it called when a witness answers a lawyer's questions?

You provide ____ testimony when you answer questions from the attorney who hired you. a. direct b. cross c. examination d. rebuttal. a ...

Do I need a lawyer to testify before a grand jury?

You provide ____ testimony when you answer questions from the attorney who hired you. a. direct b. cross c. examination d. rebuttal. a. The ____ is the most important part of testimony at a trial. a. cross-examination b. direct examination c. rebuttal

What happens when a witness gives testimony?

You provide ____ testimony when you answer questions from the attorney who hired you. a. direct c. examination b. cross d. rebuttal a. direct PTS: 1 REF: 569 14.

Is a testimony considered a person's opinion?

You provide ____ testimony when you answer questions from the attorney who hired you. direct. As an expert witness, you have opinions about what you have found or observed. True. As a standard practice, collect evidence and record the tools you used in designated file folders or evidence containers.

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What is the most important part of an investigator's testimony at a trial?

His or her testimony needs to be honest, professional, clear and free of jargon to establish credibility in court. If a jury is involved in the case, it is even more important that the investigator's testimony is something credible that a lay person can easily understand as it could influence the jury's decision.Sep 6, 2017

What is a type of testimony reports opinions based on experience and facts gathered during an investigation?

The purpose of a deposition is to give opposing counsel a chance to preview your testimony before trial. ... See also deposition. Expert witness. This type of testimony reports opinions based on experience and facts gathered during an investigation.

What kind of information do fact witnesses provide during testimony?

-As a fact witness: you're providing ONLY the FACTS you discovered in your investigation. b.) When you give technical or scientific testimony, you PRESENT this evidence and EXPLAIN what it is and HOW it was obtained. You just studied 18 terms!

Are the rules you internalize and use to measure your performance?

Rules are the ethics you internalize and use to measure your performance. Attorneys search ____ for information on expert witnesses. People need ethics to help maintain their balance, especially in difficult and contentious situations. An attorney can coax opinions from expert witnesses to get reliable testimony.

What are the three basic requirements for a person to qualify as a competent witness?

It consists of what is said in the court at the proceeding in question by a competent witness. In general, a witness is competent if he meets four requirements: He must, with understanding, take the oath or a substitute.Mar 29, 2018

What are the 5 types of witnesses?

Online witness training will improve deposition performance and get results.Expert Witness. Expert witnesses generally confine their testimony to a specific area of expertise. ... Eye Witness. ... Character Witness. ... Fact Witness.

What are the 4 types of witness?

Typically the Four Types of witnesses are:Lay witness.Expert witness.Character witness.Secondary witness.Mar 2, 2021

Who is an interested witness?

An interested witness refers to someone having direct interest in the result of the litigation, expecting to gain some benefit out of it.

What is factual testimony?

One who is called to testify before a court… One who testifies to what he has seen, heard, or otherwise observed. A fact witness is one who testifies only to that of which he or she has firsthand knowledge and who describes only facts (as opposed to expressing opinions).Sep 18, 2020

What are some of the factors courts have used in determining whether to disqualify an expert?

(The type of information conveyed to the expert, amount of time involved in discussions or meetings, and whether the expert provided the attorney with confidential information are three factors courts have used in determining whether to disqualify an expert.)

What are some of the requirements included in the Htcia core values?

The HTCIA values the Integrity of its members and the evidence they expose through common investigative and computer forensic best practices, including specialized techniques used to gather digital evidence.

What are some of the most obvious ethical errors?

List three obvious ethical errors. -Don't present false or altered data. ... -Don't ignore available contradictory data. -Don't work beyond your expertise or competence.

True

As an expert witness, you have opinions about what you have found or observed.

False

Create a formal checklist of your procedures that's applied to all your cases or include such a checklist in your report.

2

When cases go to trial, you as a forensics examiner can play one of ____ roles.

Hashing Algorithms

Validate your tools and verify your evidence with ___ to ensure its integrity.

CV

For forensics specialists, keeping the ____ updated and complete is crucial to supporting your role as an expert and showing that you're constantly enhancing you skills through training, teaching, and experience.

3

If your CV is more than ___ months old, you probably need to update it to reflect new cases and additional training.

6

If a microphone is present during your testimony, place it __ to eight inches from you.

What to do before you testify?

Review the Facts: Before you testify, try to picture the facts of the case in your mind, including people, objects, distances, and exactly what happened at the scene.

What to do if you are not a party to a lawsuit?

If you are a party to the lawsuit, your attorney will help you prepare for your deposition or court appearance. If you are not a party, you should contact the lawyer who issued the subpoena to determine the subject of inquiry for your testimony.

What is a subpoena in court?

subpoena is a court order for you to appear as a witness at a deposition or in court. The subpoena may also require that you bring certain documents with you. A lawyer issues a subpoena to make sure that you appear and testify. Do not ignore a subpoena since your failure to appear could place you in contempt of court.

Do you have to answer questions when you are testifying?

As a general rule, you must answer all questions asked when you are testifying. However, you may not have to answer questions that involve certain privileged communications or personal information that has no bearing on the case. Privileged communications are most commonly seen where the witness is a clergyman, physician, lawyer or a member of certain other professions. If your attorney knows that you possess privileged information it can be discussed before you testify. During testimony, your attorney may object to inquiry into such privileged information or to testimony that has no bearing on the case. If the opposing lawyer believes that the question is proper, the lawyer can ask a judge to order you to answer the question. If the judge decides that the question is proper, you will then have to answer it.

What is a deposition in a case?

deposition is one of the tools that lawyers use to investigate the strengths and weaknesses of both sides of a case. The deposition makes a record of your recollection of the facts at a time when they are relatively fresh in your mind.

Can you be prosecuted for lying in a deposition?

Before you testify at a deposition or trial, you will take an oath to tell the truth. You can be prosecuted for the crime of perjury if you lie when you testify. Don’t let your personal judgment about the merits of the case or your connection with the parties aff ect your testimony.

What to say when you testify?

Tips for Testifying. Tell the truth. This is the single most important advice any witness should remember. When you are called to testify, you will first be required to take an oath or affirmation to tell the truth. When you take the oath or affirmation, say "I do" clearly.

How to testify in a courtroom?

Avoid distracting mannerisms while testifying. Avoid chewing gum, candy, or other objects that may make you difficult to understand . Present your testimony clearly, slowly, and loud enough so that the juror seated farthest away from you can easily hear and understand everything you say.

What to do when you are called to court?

When you are called into court for any reason, be serious and avoid saying anything about the case until you are actually on the witness stand. Also, do not read in the courtroom, unless asked to do so by the judge or the attorneys. Do not exaggerate or guess.

How to answer questions in court?

Answer the questions verbally. Do not nod your head for a "yes" or "no" answer. Speak out loud, so that the court reporter can hear the answer. For the same reason, try to avoid words like "yah," "nope," and "uh-huh.". Answer only the questions asked.

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. If you feel you are being doubted in cross-examination, remember that to raise doubt is the defense counsel's job.

What is a jury?

Jurors are ordinary people, just like you. Although you are responding to the questions of a lawyer, remember that the questions and answers are really for the jury's benefit. Jurors are the ones who decide the facts of the case. Always speak clearly and loudly, so that every juror can hear you.

Can you speak to a juror?

If you see a juror, you are not allowed to speak to the juror, even to say hello. Conduct yourself in a dignified manner. From the moment you enter the courtroom or courthouse, your behavior should be appropriate to the seriousness of the proceedings.

What is Testimony?

Testimony refers to factual recollections given by a witness under oath for the purpose of offering evidence in a trial or a disposition before trial. Usually, testimonies are given orally, but can also be given in writing but are both given under oath. A testimony is considered a person's opinion unless the person is an expert witness.

I am in the middle of testimony and cannot consult with my lawyer. Why, and what can I do about this?

When a person is giving testimony, they have no legal rights to stop the trial and speak with their attorney. Some judges deny those involved in a trial to not mention anything about the trial during a recess. You may want to place a formal request to the judge, asking him/her to allow you to speak with your attorney.

Do I need to respond to rebuttal testimony?

Usually, there isn't an allowance for filing a rebuttal testimony. However, it is possible for the other party to request this by filing a Motion for Leave. This is a request for the court to avoid the usual protocol for a just cause. The decision to do this is up to the court. It is possible for the court to allow the Motion or deny it.

Why would documents from a doctor not be enough evidence without the doctor being present in court?

There are rules that apply to the use of evidence. Before the court will allow the evidence that you want to present, you will have to prove to the court that the evidence is authentic. This means that if your doctor wrote the document, he/she will have to go on the stand and verify the document is authentic.

Can testimony in a civil case be used to charge a person with a crime if the statue of limitations has passed for the crime?

After the statute of limitations has run, there cannot be a prosecution for the crime. Regardless of whether someone has testified that you have committed the crime or if you have admitted to the crime, once the statute of limitations has expired, prosecution for the crime is completely barred.

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