WE NEED THE FACTS!!
Telephone: 651-361-7900
In
order for an administrative law judge to make a good decision, the judge relies
on documents and information from witnesses.
As a witness, you have an important role to play by telling the judge
what you know accurately and truthfully.
The parties to the dispute need your help to assure that the full story
is presented.
Please
arrive at the courtroom on time. Unless
you have been instructed otherwise, you may enter the courtroom to wait. When you are called to testify, you will be asked
to come forward and the judge will ask that you promise to tell the truth. At that point, one party will ask you
questions, known as “Direct Examination.”
Then, the other party will have the opportunity to ask you questions,
known as “Cross Examination.”
If
you receive a subpoena, do not ignore it.
It is an order of the court. If
the subpoena directs you to call a lawyer for instructions about the time to
appear, do call. It may save you
time. You are entitled to receive a
small fee and mileage to the courtroom for the inconvenience that testifying
may cause you. Please remember that your
testimony is important. The testimony of
witnesses is a crucial part of the legal process.
You
may feel anxious or nervous about testifying in court. Here are some tips to guide you.
Tell the Truth
– This is very important. Do not try to
color, shade or change your testimony to help one side or the other.
Answer the Questions Directly – Normally you will be asked questions and must limit
your answers to the questions that are asked.
Listen carefully to the question.
If you can answer “yes” or “no,” do so.
Do not try to guess why a question was asked, and do not volunteer
information that does not respond to the question.
Speak clearly
- The hearing will be recorded by digital recorder or a court reporter. It is important that you speak clearly so
that every person in the courtroom can hear you and that your statements are
accurately recorded.
Stop If You Hear “Objection!” – If there is an objection to a
question asked or to your answer, stop speaking. The judge will either “sustain” the objection
or “overrule” the objection. If the
objection is “overruled,” you may answer the question. The judge will direct you.
Stay Calm – If
you lose your temper, the cross-examiner may be able to discredit your
testimony, and your testimony may be of less help.
If You Don’t Know, Say So - If you don’t know an answer or can’t recall, just
say so. No witness knows all the
facts. Be honest.
Don’t Be Afraid of the Lawyers – The lawyers must treat you courteously and with
respect. If they do not, the judge will
remind them. Listen to the question and
give an honest response. If you don’t
understand the question, do not try to answer it.
Stick to the Facts – You will only be allowed to testify about the things that you know
personally. What you KNOW is important;
what you THINK is not relevant.
Relax, But Be Serious - Try to relax and tell the truth. Do not try to be someone you are not. Remember that a court hearing is a serious
matter. You should dress and act with
due regard for the seriousness of the proceeding. Please do not bring snacks or beverages
except water into the hearing room.
Water will be provided to the participants in the hearing, including the
witnesses.
You
may be asked whether you discussed your testimony with anyone before you came
to testify. Answer honestly. There is nothing wrong with discussing the
facts with the lawyers, parties or others prior to trial. Your role is to tell the truth.
The
judge will stop from time to time to take a break during the testimony. If you need a break, tell the judge.
You
may call the judge “Your Honor,” “Judge” or Mr. or Ms…….. Any one of these is perfectly acceptable.
THANK
YOU FOR PARTICIPATING in this
proceeding. Each witness plays an
important part in assuring that the facts are fully presented to the judge.
Rev. 7/08