Noted author, lecturer and photographic evidence expert, Benjamin J. Cantor, J. D. published in his recent book, THE EXPERT WITNESS, the following rules to aid the expert witness. They are helpful to the expert witness and to the attorney who is preparing an expert or lay witness for trial.
1. Walk to the witness stand with even steps.
2. When taking the oath, hold your right arm up high with the fingers straight and look at the officer administering the oath.
3. When the officer finishes the oath, ". . . so help you God", you say "I do" in a loud voice so that all in the courtroom can hear. Do not act timid.
4. Think before you speak
5. When one of the lawyers calls "Objection" or if the court interrupts, stop your answer immediately and wait until the court gives its ruling.
6. Be fair and frank.
7. If you make a mistake, or a slight contradiction, admit it and correct it. Don't tie yourself in knots trying to cover up some slip of speaker memory.
8. Keep your temper. Don't let anyone rile you into arguments over trivial points or even important ones. Be firm, but flexible.
9. If you can't answer "yes" or "no", say so. Modify your reply by "under certain circumstances. . . ".
10. If you don't know or can't remember, say so. Those are legitimate answers to the most illegitimate questions.
11. Avoid mannerisms of speech. The habit of prefacing your replies with something like "I can truthfully say . . ." may cast unwarranted doubts on your whole testimony.
12. Don't get caught by snares like this: "Did you ever discuss this with anyone?" Of course you did, and if asked, name the people - the lawyer, the parties to the suit, etc.
13. If the lawyer asks you, " Are you as positive about this as the rest of your testimony?", STOP! Are you?
14. "Do you want this jury to understand. . .? Listen closely to that one. If you don't want the jury to understand it that way, make clear what you do want them to understand.
15. Never try to be a "smart" witness. If the lawyer is obviously giving you a chance for a wisecrack, avoid it like the plague. It's just the anesthetic before the knife-putting you in the "now-this-won't-hurt-a-bit" mood.
16. If the opposing attorney interrupts you before you have a chance to complete your answer, you should indicate this to the presiding judge.
17. Don't volunteer any information.
18. Express yourself well, using simple technical language that the jury, judge and attorneys can understand.
19. Be brief. Just answer the question and stop.
20. During the recess you should not carry on a conversation with other witnesses or parties to the controversy. You should stand aloof from everyone except the attorney who retains you to testify.
21. Don't chew gum.
22. Don't memorize any of your testimony.
23. Never nod your head to indicate "yes" or "no".
24. Speak up so that the judge, jury, counsel, stenographer and others can hear you.
25. Wait until the entire question is asked before answering.
26. On cross-examination, don't look at your attorney.
27. Keep your hands away from your mouth or face.
28. When addressing the court, use "Your Honor", when addressing attorneys, use their names.
29. At the conclusion of your testimony, ask if you may be excused; then leave the courtroom immediately.
30. Last, remember that the witness stand is not a comfortable place for one who is not telling "the truth, the whole truth and nothing but the truth".
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