Can you say I don't recall in court?

Asked by: Dr. Rosario O'Connell V  |  Last update: September 28, 2023
Score: 4.5/5 (75 votes)

Any answer – even “I don't recall” – must be truthful
First of all, if you say you don't recall, you need to be telling the truth. If you don't “recall” something you've talked or otherwise communicated with people about, it may only be a matter of time before that comes to light and you could face a perjury charge.

Why do witnesses say I do not recall?

Unlike saying "I don't know," which affirmatively states a lack of any knowledge, not recalling something implies that you may or may not have ever known anything, but as you sit there, you are unable to call forth a specific recollection.

Is saying you don't recall perjury?

Any time you provide testimony in a criminal case (yours or someone else's) under oath, whether it's verbally or in writing, you're required to tell the truth. If you don't, you could potentially face perjury charges.

Can you say I don't know in court?

That's perfectly acceptable and all you should say is “I don't know.” If you don't remember, you say, “I don't remember,” and that's in fact what you should do. You should never really guess at an answer. You should never just make up something.

Can I answer I don't remember in a deposition?

“I don't know” is a perfectly good responses (as long as it's the truth). “I don't remember,” “I don't recall,” and “I don't recall at the present time” are all perfectly good responses. If true, the best is, “I don't recall at the present time,” because it makes it easier to change your answer if you later do recall.

"i don't recall"

39 related questions found

Is it I can't recall or I don't recall?

I don't think there's any particular difference in meaning. Sometimes they're interchangeable, but sometimes 'recall' sounds a bit more formal than 'remember,' e.g., Police officer: “Where were you two on the night of the sixteenth?” Professor Readsalot: “I'm afraid I cannot recall.” Molly Stump: “I can't remember.”

What questions can you refuse to answer in a deposition?

Private information. You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own).

What should you avoid saying in court?

What NOT to Say while Testifying
  • Don't lie. This seems to be common sense, but it has to be said. ...
  • Don't guess. If you don't know the answer, say so. ...
  • Don't talk about your character. ...
  • Don't call other witnesses liars.

What not to say to a judge in court?

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.

What to say in court when you don't know the answer?

If you do not know the answer or you cannot remember, just say so. If you give an estimate (such as with distance or time), indicate that your answer is only an estimate and not exact. On the other hand, give positive, definitive answers when you clearly remember. Take your time.

Is mistake of fact an excuse defense?

Under mistake of fact, the defendant contends that they did not have criminal intent because of a misunderstanding regarding a particular fact. Mistake of fact and mistake of law are both valid legal defenses a defendant might use to challenge certain criminal charges.

What is the difference between I don't know and I don't remember?

Naïve and expert participants defined “I don't know” (DK) and “I don't remember” (DR). DR was associated with lack of accessibility and forgetting, whereas DK was associated with never having learned the information.

What is the legal difference between recall and remember?

“Remember” means to keep something in your memory, while “recall” means to access your memory. You cannot exchange “do not forget” with “recall,” only with “remember.” Acceptable: Don't forget the flowers for the wedding.

What is the 3 witnesses rule?

It is at this point in which the presence of the three witnesses is most needed, as it is their presence at the time of seizure and confiscation that would belie any doubt as to the source, identity, and integrity of the seized drug.

Can you refuse to speak as a witness?

In general, you can be forced by the court to testify. When this is ordered, you will be sent a subpoena via hand delivery, direct communication, or email. The subpoena will state in detail what type of testimony is needed from you. Once you have been given the subpoena, you must legally oblige.

How do you prove a witness is biased?

The credibility of a witness may be impeached by asking the witness on cross-examination about the witness's bias, hostility, or interest for or against any party to the proceeding and by extrinsic evidence of such bias, hostility, or interest.

Do judges appreciate honesty?

Judges are people like you and me. They generally respond well to honesty, politeness, and civility, and react negatively to falsehoods and rudeness.

Can you yell at a judge?

Criminal contempt occurs when the contemnor actually interferes with the ability of the court to function properly. For example, by yelling at the judge. This is also called direct contempt because it occurs directly in front of the judge. A criminal contemnor may be fined, jailed, or both as punishment for his act.

Is it rude to call a judge 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.

How do you get a judge to rule in your favor?

Below are some strategies to help you make a judge rule in your favor.
  1. Know the Court. Judges who preside in courts are human beings with their differences. ...
  2. Be Professional. ...
  3. Outline the Theory of your Case. ...
  4. Be Clear and Concise. ...
  5. Don't Focus too much on Technicalities.

Can words be used against you in court?

Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning.

Can you say whatever you want in a courtroom?

Anything you say may be held against you in a court of law.

Can a judge make you answer a question?

In general, only a judge can order you to answer questions.

Can you plead the fifth in a deposition?

The general rule is that if you plead the Fifth in discovery, you cannot change your answer later and waive your Fifth Amendment privilege at trial. So, if you plead the Fifth in discovery, whether in writing or in a deposition, you may be stuck with your answer, even if you didn't do anything wrong.

Who answers questions at a deposition?

A deposition is a formal procedure where a witness, under oath, provides sworn testimony in response to questions posed by attorneys from both sides of a case.