You are nervous, you are upset and you are annoyed. You will lose time from work. Your leisure time is being interfered with. You will waste valuable time in court waiting to be called to testify. These feelings are frequently expressed by people when they are called upon to appear in court as witnesses. This is particularly frustrating when you may have already given a statement or that you really don't know anything at all about the case.

As a witness, you have a very important job to do. Important not only to the party for whom you appear and to yourself, but also to the American justice system. In order for the jury or a judge to make a correct and wise decision, they must have all of the evidence put before them accurately and truthfully by witnesses. Your lack of cooperation or failure to come forth as a witness could cause an unjust result in a trial.

Frequently, witnesses who have already given oral or written statements before the trial are called to testify. You may wonder why you should be inconvenienced by going to court when your statement could be used instead of your appearance. Under our adversarial form of trial, the judge would not allow the statement into evidence, because the law requires the witness to appear in court, tell his or her story under oath and be subject to questioning by all parties.

If you are subpoenaed to court, do not ignore the subpoena. It is an order of the court and must be obeyed. Failure to appear in court in response to a subpoena could place you in contempt of court. The subpoena may contain a note asking you to call the lawyer who issued it for instructions as to when to appear for trial. Do so, it will save you time.

The following should be helpful to you in court should you be called as a witness:

1. Prior to your appearance in court review all the facts in the case in your mind. If it is an accident case, visit the scene. It may help to refresh your memory.

2. Once you take the witness stand, get comfortable, sit erectly and look around you to familiarize yourself with the court surroundings.

3. The first rule is to tell the truth when testifying. Do not answer questions with half truths. Don't try to judge whether an answer is going to help or hurt one side or the other. Don't let your personal judgment color your testimony. Avoid expressing your opinion. As a witness, your sole duty is to tell it like you saw it, nothing more, nothing less.

4. Answer the questions clearly and loudly enough so everyone can hear. Do not talk too fast or too slowly. Do ;not mumble or slur your words. Look at the jury and address your remarks to it, so that the jury members will be able to hear and understand what you have to say.

5. Be serious at all times. The courtroom is not the place to be cute or humorous.

6. Do not memorize your testimony. It will sound rehearsed and lack the ring of truth.

7. Listen to the questions carefully. If you do not hear, ask that it be repeated. If you do not understand, ask that it be restated. Do not attempt to guess at an answer to a question that you do not understand or hear. If you do not know the answer, simply state that you do not know.

8. Answer directly and simply only the questions asked of you and then stop. Do not volunteer information.

9. If you make a mistake in answering a question, correct it immediately.

10. If a question can't be truthfully answered with a yes or no, you have a right to explain the answer.

11. If an objection is made by one of the lawyers, or the judge speaks, stop your testimony immediately. Do not try to complete your answer.

12. Do not argue with the lawyer asking the questions.

13. While testifying on cross examination, do not look to the lawyer who called you for help in answering the questions. You are on your own. If the question is improper, the lawyer will object and the judge will rule on it. It is important, however, that you listen to the objection so that you understand why it is being made.

14. If the question is about distances, time or speed and your answer is only an estimate, be sure that you state that it is only an estimate.

15. If you are asked whether or not you have talked with anyone about your testimony before coming to court be sure to answer yes, if you have. There is nothing wrong with discussing the facts with the lawyers, parties, police or investigators prior to trail.

16. Finally, be natural. Be yourself. Do not try to be someone you are not. If you relax and tell the truth and remember you are just talking to some neighbor on the jury, you will get along fine.

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