Can you say "I don't know" in court?
Asked by: Miss Emily Rath | Last update: November 12, 2025Score: 4.6/5 (70 votes)
If you do not know or are not sure of the answer, say so. Do not guess. There is nothing wrong with saying "I don't know." You can be positive about the important things without remembering all the details.
What words should you avoid in court?
The Bad Word List, also known as the anti-reptile word list, includes: always, never, must, required, every, any, safety, priority, prevent, and violate, among others. Each word eliminates judgment and circumstances and can trap witnesses.
Can you say you can't remember in court?
Sometimes it will be a valid answer (even to the witness' credit) to say, simply, “I don't remember”. It is the inevitability of imperfect memories and errors (like mine) that lawyers need to have at the forefront of their minds when interviewing witnesses.
What do you say in court when you don't know the answer?
If you don't know the answer to a question, simply state that you don't know. Answer questions directly. Give a simple answer only to the question asked. If a question can be answered with a "yes" or "no," do so.
Can your words be used against you in court?
If you say something voluntarily before they start questioning you—or if they never officially question you—the words you said in their presence may still be used against you in court. That's why it's always best to remain silent until speaking with an attorney—whether or not your rights are read to you.
Testifying in Court: How to Stay Calm and Provide Responses
Can you say bad words in court?
Criminal contempt is an action that impugns the integrity of the court or brings the court into disrepute. For example, yelling curse words at a judge would be direct criminal contempt of court.
Can you stay quiet in court?
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.
How do you say I don't know in court?
If you do not understand a question, it is alright to ask that the question be repeated or clarified. If you do not know an answer, say so. Do not give attorneys answers you think they want. If you do not remember, say you don't remember – not that you do not know.
Can you say I decline to answer in court?
In a more formal setting such as a deposition, hearing or trial, the person might say: “On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question.”
How do you apologize to the court?
- Your name and an introduction about yourself.
- Accept responsibility for the offence.
- Apologise for the offence.
- Show any remorse you have for the offence.
- Give an explanation as to why your committed the offence.
What happens if you don't talk in court?
Consequences for Refusing to Testify:
A witness may face contempt charges. Possible criminal penalties, such as fines and jail time. A subpoena, a court order to testify, must be honored.
How do you say you don't remember in court?
If you do not know the answer, it is okay to say; 'I don't know' or 'I don't remember. ' Answer only the question that is being asked.
Is saying "I don't know perjury"?
If you're under oath, lying is perjury, and you could be charged with that – especially if what you're falsely claiming not to recall is material to the case. People too often think they can get away with it because no one else can prove what they do or don't remember.
What not to tell a judge?
- 'I Did It. ' ...
- 'They Didn't Tell Me...' ...
- Expletives. ...
- Lies, Lies, Lies. ...
- 'I Will Represent Myself.
What should you never do in court?
Don't mumble; speak loudly enough to be heard by everyone in the room. Don't lie about anything, not even white [small] lies. If you are discovered to be lying, the judge may find it hard to believe you when you are telling the truth.
How to stay calm in court?
Stand when the judge enters and sit when the judge or bailiff asks you to. Try to remain calm but it is OK if you show emotion. Take deep breaths if you feel yourself getting tense. Never lose your temper in the courtroom.
Can you say no in court?
When you Testify in Court: Listen to the question, and answer ONLY that question. Rule 1: If the question asked you to say either “Yes” or “No”, then say “Yes” or “No”.
What happens if you cuss in court?
For example, courts have held that swearing at the judge in the courtroom is sufficient grounds for a direct contempt of court charge. Direct contempt of court is contrasted with indirect contempt of court, also known as constructive contempt.
When can you not plead the fifth?
Once the criminal case is resolved through trial or plea agreement, the individual can no longer invoke the Fifth Amendment regarding the same matter in the civil case. Double jeopardy protection prevents being prosecuted twice for the same offense, eliminating the risk of self-incrimination.
What happens if you say you don't remember in court?
Further, if you're saying you don't recall something that anyone would remember – like someone asking you to take part in a crime or hide a bloody weapon — your chances of facing a perjury charge increase.
Can you say whatever you want in court?
You have the right to remain silent. Anything you say may be held against you in a court of law.
What if you refuse to tell the truth in court?
If a witness refuses to answer a question without a valid legal basis, such as the protection afforded by the Fifth Amendment, the court can take several actions. These actions can range from compelling the witness to answer the question, holding the witness in contempt of court, or even imposing fines or jail time.
What happens if you stay silent for 7 days?
Over the week, we learned to become more gentle with ourselves, and far less harsh in our inner monologues. When you are on a long retreat, you have plenty of time to see just how self-flagellating and confused that inner voice can be.
Can my silence be used against me in court?
In the 2013 Supreme Court case of Salinas v. Texas, the Supreme Court effectively placed an asterisk on the Fifth Amendment right to remain silent. The Supreme Court held that a suspect's silence in the face of police questioning could be used against him at trial because he did not explain why he was remaining silent.
How long can you be held without a hearing?
Most states allow prosecutors up to 72 hours after an arrest to file charges, although some states, like California, allow only 48 hours. If the prosecutor fails to bring charges within this time limit, the court has to release you. Failure to do that is a violation of your rights.