Top 5 “NEVER’s” for Witness Testimony

At Bulman Dunie, we pride ourselves on preparing our clients and witnesses to come to court and present as their very best.  However, Bar Association events are much more fun (if that’s possible) by swapping stories and gossip about the occasional “courthouse fail” where a party or a witness was their own worst enemy.

Below are 5 “NEVER’s”, compiled from war stories and our own observations, to avoid when testifying or attending a trial or a deposition:

1. NEVER dress too casually for court (even Zoom court).  Business casual attire is fine for parties to wear in court, but avoid bare arms or casual clothes. This applies to Zoom hearings as well!
2. NEVER use or look at your phone during a hearing.  While court is in session, your phone must be silenced and put away. Remember that during Zoom hearings you must not have materials or devices around to look at unless you are instructed to look at something.
3. NEVER speak out of turn during a proceeding.  Everything in the courtroom is recorded and picked up on microphones at the tables, including mumbles and whispers (and comments about a witness that you think are under your breath and inaudible). If you have to tell your attorney something while court is in session, pass a note.
4. NEVER make facial expressions during witness testimony.  It can be hard to mask your feelings about someone’s testimony (especially when you feel they aren’t being truthful), but it is important not to show it on your face.  It’s a game of high-stakes poker.  Treat it as such.
5. NEVER bring children into the courtroom (especially for a family law matter).  Do you have a child care issue? The Montgomery County Circuit Court has a “Kids Spot” childcare for children ages 2-12 of litigants who have matters before the court.

Ultimately, the substance of your testimony should be what is important.  But don’t forget that the delivery of that testimony can go towards the credibility given to that testimony. If you have questions, please contact Bulman Dunie.