Can you say I don't remember in court?

Asked by: Dr. Kendrick Lockman  |  Last update: March 31, 2025
Score: 5/5 (59 votes)

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. Do not guess if you are not sure, unless you are instructed to give an estimate. If you make mistakes in answering, correct yourself as soon as you realize your mistake.

Is it perjury to say you don't remember?

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 should you avoid saying in court?

Never, ever say anything you know to be untrue on the stand. Not only did you swear to tell the truth before you started testifying, but any lie you utter can haunt you if the other side figures it out. If they can prove you lied just once, everything you said during your testimony is suspect.

Can you answer I don't know in court?

“I don't know” or “I don't remember” are acceptable answers, but guessing can get you into trouble on cross. examination. Remember.

What does "I don't recall" mean in court?

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.

What Will Your Lawyer THINK if You're Unable to Remember an Answer During Your Malpractice Trial?

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Is it okay to say you don't remember in court?

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. Do not guess if you are not sure, unless you are instructed to give an estimate.

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.

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

A deposition is not a test. You don't get credit for guessing. If you don't remember the facts that would answer a particular question, just say, “I don't remember.” If you are not absolutely certain about your answer, qualify your answer with something like, “To the best of my recollection right now …”

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

“Remember” means to keep something in your memory, while “recall” means to access your memory.

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 not to tell a judge?

Here are five things all defendants will want to avoid saying to a criminal judge:
  • 'I Did It. ' ...
  • 'They Didn't Tell Me...' ...
  • Expletives. ...
  • Lies, Lies, Lies. ...
  • 'I Will Represent Myself.

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 refuse to speak in court?

You are a defendant in a criminal case – As an extension of the Fifth Amendment, any criminal defendant cannot be forced to testify in a courtroom. You should definitely consult with an experienced federal criminal defense lawyer for San Francisco, CA.

Can you lie if you don't remember?

The failure to remember is not a lie, although liars will often try to excuse their lies, once discovered, by claiming a memory failure. It is not uncommon to forget actions that one regrets, but if the forgetting truly has occurred, we should not consider that a lie, for there was no choice involved.

How to prove someone is lying in court?

One of the most common ways to prove someone is lying in family court is to document inconsistencies in their statements. Carefully review any written statements, declarations, or testimony provided by the opposing party. Look for contradictions or changes in their story over time.

Why do people say I don't recall?

Some witnesses – generally those who don't get legal guidance – think they can get around taking the Fifth and arousing suspicion about their own culpability while also avoiding a perjury or obstruction charge by simply saying they don't recall certain things.

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

Instead the better practice is to say “I'm not sure” or “I don't know.” If you are unsure about an answer you cannot then answer the question.

Can you answer "I don't recall"?

“I don't recall” is the correct answer whenever you don't recall. As long as you're using it accurately and avoiding the gamesmanship of cloaking what would be a negative answer, a proud and definitive “I don't remember” is the way to go. And there is no need to add an apology to that.

What do you do when you don't remember?

Limit distractions. Don't do too many things at once. If you focus on the information that you're trying to remember, you're more likely to recall it later. It also might help to connect what you're trying to remember to a favorite song or a familiar saying or idea.

Can you be charged for a crime you don't remember?

You may wonder how you could be convicted and sentenced when you didn't realize you had committed a crime. Unfortunately, in most cases, ignorance of the law isn't a valid legal defense for criminal charges.

What happens if you accidentally lie in a deposition?

Many deponents do not understand that lying during a sworn deposition is considered the same as lying under oath in open court — both carry penalties for perjury. Further, attorneys often form questions to catch deponents in lies, with many then having documented proof to impeach the witness and prove they are lying.

What happens if you give the wrong answer in a deposition?

No Anxiety Necessary Over Making A Mistake

Changes can be technical (i.e. mis-spelled words, correcting punctuation, etc.), but can also be substantive. However, substantive changes do open a deponent up to the risk of having to appear for a follow-up deposition to explain the substantive changes made.

Can you answer "I don't remember" in court?

(2) Do not guess - "I don't know" or "I don't remember" are acceptable answers, but guessing can get you into trouble on cross-examination.

Can you say yes sir to a judge?

This will lose you the respect of the judge and the jury. Any lawyer who can make a witness mad will probably cause the witness to exaggerate, appear unobjective, and emotionally unstable. Be sure to answer "Yes Sir/Ma'am" and "No Sir/Ma'am" and to address the judge as "Your Honor. "

What can you not say in court?

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. Don't argue with the questioner. Don't ask questions back: “What would you do if…”