Do Not Discuss Your Testimony. After a witness has testified in court, (s)he should not tell other witnesses what was said during the testimony until after the case is completely over. Thus, do not ask other witnesses about their testimony and do not volunteer information about your own testimony.
Don't talk about your testimony with anyone until you testify. You can talk to other people about the case you have finished testifying, but if it is a jury trial you cannot speak to any member of the jury at any time.
(a) Reputation or Opinion Evidence. A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character.
So, again, the way to discredit a witness is to bring up prior inconsistent statements that they made. The way to discredit a witness is to call other witness or cross-examine other witnesses and bring up key points about your main witness's testimony and impeach them through over witness statements.
Properly address the judge and state your objections in a clear, concise and accurate way; Refocus your line of questioning when the judge sustains an objection from the opposing attorney so you can get your testimony or evidence seen and considered by the jury.
Good ways to say anything but "No Comment" to questions you really don't want to answer: "I'm sorry but I'm not able to speak to that subject" "Thanks for asking but I'm not able to answer that question" "I'm sorry but that information is proprietary"
In direct examination, the attorney is not allowed to ask leading questions. When the attorney who called the witness has finished his direct examination, the opposing attorney will have the chance to cross-examine the witness.
An attorney can show jurors a witness is not credible by showing: 1) inconsistent statements, 2) reputation for untruthfulness, 3) defects in perception, 4) prior convictions that show dishonesty or untruthfulness, and 5) bias.
A witness who refuses to answer every question on the basis of the privilege against self-incrimination, no matter how innocuous (for instance, “Do you know the defendant / complainant?” “Were you present at the scene of the incident?”) will probably not be found to have a just excuse.
The most common way to prove a witness's testimony is false is through a deposition, which is an interview under oath, usually conducted by attorneys. Depositions are rare in family court proceedings.
A witness can only invoke the privilege in response to a specific question that may incriminate oneself if they answer that question. However, a defendant has a right to confrontation provided by the Sixth Amendment. If the invocation may prevent adequate cross-examination, it may not be invoked.
Most important of all, you are sworn to TELL THE TRUTH. Tell it. Every true fact should be readily admitted. Do not stop to figure out whether your answer will help or hurt either side.
Witnesses have an obligation to provide truthful testimonies during a pre-trial investigation and the subsequent trial. Witnesses can refuse to testify only under certain circumstances, such as client confidentiality or incriminating oneself or a family member (click here for a full list of such circumstances).
Lawyers may also tell witnesses that if they don't remember certain events, they can simply say “I don't recall.” In general, such instructions are not improper. A witness cannot, however, repeatedly answer “I don't recall” to avoid truthfully answering questions.
When the expert witness does the same, he or she is considered biased. If the evidence or opinions are not helpful or persuasive to the judge or jury, they are given less weight than usual. However, when the expert has become swayed by evidence, injury or the defending party, he or she may be disqualified in the case.
The testimony would incriminate yourself – Under the Fifth Amendment in the Constitution, you have the right to avoid giving any evidence that could self-incriminate you. In most cases, you can plead the Fifth Amendment, which legally allows you to refuse answering questions.
A hostile witness is a witness who testifies against the party who has called them to testify. The examiner may ask a hostile witness leading questions, as in cross-examination. Also known as an adverse witness. [Last updated in February of 2022 by the Wex Definitions Team] courts.
Hostile witness is said to be when a party calls in a witness to depose in its own favor, instead the witness goes against the party calling him. This situation arises in many of the cases where witnesses do not give answers in favor of the party calling the person as a witness.