Can you say you don't remember in court?
Asked by: Cassidy Fadel II | Last update: January 2, 2026Score: 5/5 (35 votes)
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.
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 "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.
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.
What Will Your Lawyer THINK if You're Unable to Remember an Answer During Your Malpractice Trial?
What do you say in court when you don't remember?
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.
What words not to use 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 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.
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.
Is omitting a fact a lie?
Lying by omission is only considered a form of lying if the intention is to deceive someone. Withholding information may not be considered lying in the following circumstances: Irrelevant information: Leaving out details of an encounter that aren't necessary to fully understand the truth.
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.
What is the difference between I don't recall and I don't 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.”
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.
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.
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. "
Can you plead the fifth to avoid perjury?
Even if you are completely innocent, discrepancies in your testimony, memory lapses, or misunderstandings can lead to accusations of perjury. Invoking the Fifth allows you to avoid answering questions that could put you in a situation where your words are twisted and you are accused of lying.
What is a silent recall?
According to the TSI, these unofficial “recalls” occur when manufacturers bypass a government agency's mandated recall process by directly offering to consumers a safety fix or a new product to address a safety problem.
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 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 if you don't remember something in court?
Rule number six: If you don't remember, say so. A witness can only testify to what he or she clearly remembers.
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.
What is it called when you lie without knowing?
Pathological lying is also known as mythomania and morbid lying. The original definition was “falsification entirely disproportionate to any discernible end in view, [which] may be extensive and very complicated, manifesting over a period of years or even a lifetime.”
What not to tell a judge?
- 'I Did It. ' ...
- 'They Didn't Tell Me...' ...
- Expletives. ...
- Lies, Lies, Lies. ...
- 'I Will Represent Myself.
What not to say to a lawyer?
- Do Not Say Anything to Your Attorney That Is Not True. ...
- Do Not Exaggerate Your Injuries When Talking to Your Lawyer. ...
- Do Not Tell Your Lawyer to Act On Your Behalf and Take Other Action Without Their Awareness.
What not to say in a court hearing?
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…”