Courtroom Demeanor and Testifying Office of the Nevada

Courtroom Demeanor and Testifying Office of the Nevada Attorney General With apologies to Daniel I. Small, author of “The Ten Rules of Powerful Witness Preparation” 35 SUM Fam. Advoc. 16 (2012)

This is not a conversation Do you know what time it is? Question. Pause. Answer. Stop.

Today’s roadmap Courtroom Appearance The Ten Habits of Highly-Effective Witnesses The Preparation Process Your Turn In The Witness Chair

When could I be asked to testify? Trial Depositions

Do appearances matter?

Appropriate Courtroom Attire

The Ten Habits Of Effective Witnesses -Habit 1 Take your time

The Ten Habits Of Effective Witnesses -Habit 2 Remember you are making a record

The Ten Habits Of Effective Witnesses -Habit 3 Tell the truth

The Ten Habits Of Effective Witnesses -Habit 4 Be relentlessly polite

The Ten Habits Of Effective Witnesses -Habit 5 Don’t answer a question you don’t understand

Let’s take a break.

The Ten Habits Of Effective Witnesses -Habit 6 If you don’t remember, say so

The Ten Habits Of Effective Witnesses -Habit 7 Do not guess

The Ten Habits Of Effective Witnesses -Habit 8 Do not volunteer

The Ten Habits Of Effective Witnesses -Habit 9 - Be careful with documents Step 1: ask to see the document. Step 2: read the document. Sept 3: ask for the question to be repeated.

The Ten Habits Of Effective Witnesses -Habit 10 - Use your counsel

The Preparation Process What to expect when you meet with your attorney What to expect when you arrive at court

Meeting with your attorney Your attorney should: Your attorney should not: Provide you with a general description of the case Put words in your mouth Explain how your testimony is important to the case as a whole Suggest making substantive changes to your testimony Review substantive questions that will be asked Review any relevant documents or records Assist in polishing testimony in sensitive areas

Showtime! What to expect when you arrive at court. Courtroom procedures Where to wait Where to sit while testifying Order of questioning

Your turn in the witness chair

Examination outline Name and occupation of witness Clothes/accessories worn by suspects Training, background of witness Any weapons carried by suspects Incident report Date and time of robbery Statements made by suspects Actions taken by suspects Exit of suspects Entry of suspects