What should you not say when testifying?

Avoid saying, “I think,” “I believe,” or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.
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What not to say to judge?

Do Not Exaggerate, Mislead, or State Anything Untrue. It goes without saying that you should never lie to a judge (that is perjury), but you should also avoid exaggerating the facts or misleading the court about any issue. Most judges can sense when a witness is stretching the truth, and they do not appreciate it.
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What can I say when I don't want to answer a question when testifying?

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"
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Can you say I don't know in court?

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.
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How do you destroy a witness credibility?

DESTROYING A WITNESS' CREDIBILITY
  1. Show contradictions between their pre-trial testimony and trial testimony.
  2. Exposing their 'little white lie'
  3. Showing a witness didn't know the answer during deposition but suddenly at trial they know all the answers.
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How to Testify in Court -- The Holy Trinity of Testimony



How do you get a judge to believe you?

To persuade the judge to agree more with your view of the case than with the other side's view you need to set out the important facts and as you see them and support your position with other evidence if you can. If you are asked to write a statement give yourself time to prepare it well.
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How do you prove a witness is lying?

Understanding What Lawyers Look for to see If a Witness is Lying
  1. Premise. ...
  2. Verbal Indicators. ...
  3. No Response/Non-Responsive. ...
  4. Delayed Response. ...
  5. Repeating the Question. ...
  6. No Denial. ...
  7. Overly Specific/Overly Vague. ...
  8. Protest Statements.
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What to say to a judge if you dont know the answer?

If you don't know the answer, say “I don't know,” and offer, with the court's permission, to provide the answer after oral argument, with a copy to opposing counsel.
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Can I say I don't remember as a witness?

"I don't recall" is often the most truthful answer if you're not sure. Then if the document shows up, it may refresh your memory, but it doesn't contradict your sworn testimony. On the other hand, if something is fundamental and wrong, you would never have done or said that. Don't hide the truth behind memory.
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What do you say in court to tell the truth?

Oath: Do you solemnly (swear/affirm) that you will tell the truth, the whole truth, and nothing but the truth, (so help you God/under pains and penalties of perjury)?
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Can you say I decline to answer in court?

Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer.
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How do you not get nervous when testifying?

Testify only to what you personally know. Tell only what you saw or know, not what you think happened, what you heard someone else say took place, or what you think will help or hurt one side. No matter how skillful a lawyer is in cross-examination, you won't be confused or embarrassed if you stick to the facts.
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What should a witness never do with their testimony?

After a witness has testified in court, he/she 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.
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How do you impress a judge?

How To Impress The Judge When Speaking in Colorado Springs Courts
  1. Judging More Than Your Guilt Or Innocence. ...
  2. Dress For Success. ...
  3. Be Respectful of The Judge At All Times When Speaking – And When Listening. ...
  4. Keep Calm and Carry On. ...
  5. The Truth, The Whole Truth, and Nothing But The Truth.
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How do you say hello to a judge?

In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.” Special Titles.
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How do you beat a judge?

3 Ways to Win Over a Judge Before Showing up in the Court
  1. Submitting a clear, well-written, well-researched brief. This is critical, considering that your brief sets the stage for your case. ...
  2. Playing well with opposing counsel. The last thing judges want to do is mediate playground disputes. ...
  3. Knowing your judge.
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What can discredit a 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.
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Can you remain silent when testifying?

The Right to Remain Silent

The Fifth Amendment to the U.S. Constitution protects people from being compelled to give testimony that could incriminate them. This is not the same as saying that a person has a right to silence at all times. In some situations, police may use silence itself as incriminating evidence.
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What would make a witness unreliable?

Eyewitness testimony can be unreliable due to conditions at the scene of a crime, memory “contamination” and misrepresentation during trial.
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How do you tell a judge you're sorry?

"I would take any steps needed to repair what I've done." What would you like the judge to know about you before you are sentenced? "I take full responsibility for what I have done and apologize to her, the court and most of all the victims in this case. I would like to fix this in any way I can."
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How do you show respect to a judge?

Be polite and respectful to everyone. When you speak to the Judge, say “Yes, your honor” or “No, your honor.” • Sit up straight. Don't slouch in your chair. Try not to use slang.
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What do judges say when someone is not guilty?

Acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. In other words, a verdict of "not guilty."
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Do judges see through lies?

First, with proper cross-examination, judges can usually tell when a person is being dishonest because people often lie without thinking about it all the way through. As a result, in my experience, it is generally easy to poke holes in a person's story.
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What makes a witness intimidated?

Witness intimidation is when an attempt is made to threaten or persuade a witness not to give evidence to the police or courts, or to give evidence in a way that is favourable to the defendant. In most cases, the offender will be the defendant or the defendant's family or friends.
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How do you expose a liar in court?

There are steps that another person can take whether a party or an observer to inform the court of lies.
  1. Provide Testimony. A person who knows that someone else has lied to the court may be called as a witness by the adverse party. ...
  2. Cross-Examination. ...
  3. Provide Evidence. ...
  4. Perjury. ...
  5. Jury Instruction. ...
  6. Legal Assistance.
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