Rules for Giving Good Evidence
In the courtroom, every word counts. Credibility and reliability are not just desirable traits – they are essential pillars of effective testimony. Whether you’re a lay witness, an expert, or a party to the proceedings, your statements can shape the trajectory of a case. Yet even the most well-meaning testimony can falter if it’s vague, inconsistent, or speculative.
Giving evidence is not a performance – it’s a responsibility grounded in truth, clarity, and professionalism. By learning to communicate with precision, remain composed under pressure, and present facts with integrity, witnesses play a vital role in helping the court reach fair and just outcomes. In essence, strong testimony builds trust – and trust is the foundation of justice.
Core Rules for Giving Good Evidence
Listen Carefully and Answer Precisely
- Listen fully and attentively to the question asked, then answer only that question.
- Avoid assumptions about what the lawyer “meant.”
- Don’t volunteer extra information unless asked.
- If unsure, politely request the question be repeated or clarified.
Don’t Guess – Stick to What You Know
- If you don’t know, say so.
- Use honest phrases like “I don’t recall,” “I’m not sure,” or “I don’t know.”
- Never fill in gaps with assumptions or hearsay.
- If your memory is refreshed by a document, explain that clearly.
Keep It Short and Direct
- Provide concise answers, especially for yes/no or factual questions.
- Resist the urge to elaborate unless invited.
- Avoid tangents or unnecessary detail.
Work With Your Lawyer During Examination-In-Chief
- Your lawyer’s questions guide you through your story.
- Trust their structure and pacing.
- Don’t jump ahead or anticipate.
- Stay focused on the facts relevant to your case.
Understand the Nature of Cross-Examination
- Cross-examination tests your evidence and often uses closed-ended questions.
- Many answers will simply be “Yes,” “No,” or “I don’t know.”
- Stay calm under repetition or leading questions.
- Be consistent and composed.
Avoid “Yes, But…” or “No, But…”
- Qualifying answers can seem evasive.
- Unless asked to explain, stick to clear responses.
- If a question misrepresents your position, wait for re-examination to clarify.
Don’t Argue – Stay Professional
- Remain composed, even with hostile or irrelevant questions.
- Leave admissibility to the judge.
- Avoid sarcasm, frustration, or emotional outbursts.
- Remember, your demeanour matters as much as your words.
Don’t Try to Outsmart the Cross-Examiner
- Court is not a debate.
- Focus on being honest, not clever.
- Avoid rhetorical tricks or attempts to trap the lawyer.
- The goal is clarity, not winning.
Be Honest and Straightforward
- Credibility is everything.
- Speak plainly and sincerely.
- Admit if you don’t know or if you made a mistake.
- Avoid rehearsed or overly polished answers.
Prepare, But Don’t Memorize
- Review documents or timelines in advance.
- Avoid scripting answers, which can sound artificial.
Pace Yourself
- Take a breath before answering.
- Don’t rush; a pause shows thoughtfulness.
Use Active Listening
- Maintain eye contact with the lawyer.
- Show attentiveness with nods or acknowledgments.
Speak Clearly and Audibly
- Project your voice without shouting.
- Avoid filler words like “um,” “like,” or “you know.”
Know Your Role
- Experts must stay within their expertise.
- Lay witnesses should stick to what they directly saw or heard.
Direct Narrative Answers to the Judge or Jury
- Address the judge or jury – the decision-makers – not just the lawyer.
Maintain Professional Demeanour
- Stay calm, neutral, and respectful in posture and body language.
- Non-verbal cues reinforce credibility.
Handling Objections
- If a lawyer objects, stop speaking immediately.
- Wait for the judge’s ruling before continuing.
Reviewing Evidence
- When shown a document or exhibit, take time to read it carefully.
- Confirm details like dates and authors before commenting.
Opinion Testimony (For Lay Witnesses)
- Restrict yourself to factual observations.
- Offer opinions only where common sense applies (e.g., speed, appearance).
Stay Neutral – Avoid Taking Sides
- Your role is to provide facts, not to advocate.
- Do not exaggerate or embellish to support one party.
- Remaining impartial strengthens your credibility with the court.
Special Considerations for Traumatized Witnesses
- Take your time: it’s okay to pause or take breaks if needed.
- Speak slowly and clearly; don’t feel pressured to answer quickly.
- Use supportive measures available (e.g., screens, video testimony, or support persons, where legally allowed).
- If recalling events is distressing, notify the court – procedures exist to minimize further trauma.
- Focus on facts you can recall, and acknowledge memory gaps honestly.
Dress Appropriately
Choose conservative, clean attire that respects the court and avoids distracting the judge or jury from your testimony.
Do Not Discuss Testimony
Once you have begun or finished testifying, do not discuss your evidence with anyone except your own lawyer to prevent claims of collusion or tailoring your story.
Carefully Review New Documents
If the opposing counsel presents an unfamiliar document, politely take the necessary time to read it in full and understand its context before answering any questions about it.
Clarify Misstatements in Re-Examination
If a cross-examination question misrepresents your position, answer the question as asked, but wait for your own lawyer’s re-examination to fully clarify your intended meaning.
Address Language and Documentation
If you require an interpreter, notify the court in advance, and be precise about your ability to recall details, as your testimony may relate to foreign laws, customs, or documents that the court may need assistance in understanding.
Be Mindful of Non-Verbal Cues
Understand that certain gestures, direct eye contact, or even silence may carry different meanings across cultures, and be prepared to clarify your intent if the court seems to misunderstand your non-verbal communication.
Your honest word is the bedrock of justice.
Conclusion
Giving evidence is not about performance – it is about honesty, clarity, and composure. By listening carefully, speaking truthfully, and presenting yourself with professionalism, you help ensure that justice is served fairly. Whether you are testifying for the first time or have prior experience, these rules will make you a more reliable, credible, and impactful witness. Your honest word is the bedrock of justice.
Reference:
- Ten Rules for Giving Good Evidence by Andrew Tiedt, Criminal Lawyer, Sydney, New South Wales, Australia.
