7 Tips for Testifying in Court

Here are a few pointers for private investigators that will make you a professional witness and a hit with your client.

1. Don't volunteer anything! Respond thoughtfully to the question that is asked but keep it brief AND answer only what is asked. That applies to your client as well as to the cross-examination. If your client wants more, he will guide you with his questions.

2. Respect....for the court, the judge, the opposing counsel and for yourself.

3. Have confidence in your testimony. Remember that you are there to talk only about what you know to be the truth to the best of your knowledge...nothing else. You're not going to be asked to give a speech, sing or dance. That will inspire self confidence and goes a long way to help with the "jitters."

4. Do not....let me repeat that....do not... take your investigative file to court. Anything you have in your hand on the stand, and sometimes anything you bring to the courtroom, can be admitted into evidence at the request of opposing counsel. That will not make your client happy, since you will be, in essence, revealing part of his "attorney work product." In short, your client does not want the other side to have your notes. If a bunch of dates are involved or something else that would otherwise require handwritten notes, ask your client about this before trial. My answer on the stand to such questions is, "I would have to look at the file to give you the exact date, (name, time, address, etc.")

5. Talk to your client before trial. Let him guide you with regard to any special circumstances that may come up in advance.

6. Do not be combative. It is the lawyer's job to get you riled and make you look like an unprofessional witness...see rule no. 2.

7. Finally, what may seem the most obvious....Tell the truth. I know you are not going to lie, but there may be the temptation to "touch-up" the truth, just a little to make yourself or your client look better. Don't do it. You may not get caught, but in the end, your client will know you lied to the court and will always wonder, in future dealings, if you are lying to him. A private investigator's ethics, honor and integrity are not for sale.

Good Luck!

Dave Sheldon Investigations
Post Office Box 1559
North Little Rock, AR 72115
(501) 771-1853
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