How to approach the witness?

Asked by: Dr. Tom Powlowski Sr.  |  Last update: December 15, 2025
Score: 4.6/5 (62 votes)

Explain the Purpose of Wanting to Approach the Witness
  1. “Your Honor, may I approach the witness?” say:
  2. “Your Honor, I'd like to hand this deposition transcript to Mr. Smith.” ...
  3. “Your Honor, may I approach the witness?” Instead, say:
  4. “Your Honor, I'd like to help Ms. Johnson find her place in the document.”

How to start questioning a witness?

Typically, you start by asking the witness their name, address, job, how they know you, etc. The next step is to ask questions that lay the foundation for the rest of the testimony. Usually, these are questions that explain how the witness has first-hand knowledge of what the witness will be testifying about.

What should you not say when testifying?

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…”

How to win on the witness stand?

Ten Tips for Testimony: Preparing for the Witness Stand
  1. Be truthful. ...
  2. Listen Carefully to the Question -- and wait until the entire question is asked. ...
  3. Answer Only the Question That Was Asked. ...
  4. Take Your Time -- Think Before Answering Each Question. ...
  5. Don't Guess at the Answer -- if you don't know, say you don't know!

Why do lawyers ask to approach the witness?

During a trial, the lawyer may approach the witness to show them a picture of the crime scene or a piece of evidence. The lawyer may also approach the witness to ask them a question that is not audible to the judge or jury.

How to be a good witness - Tips before you testify

29 related questions found

How do attorneys decide on which witnesses to use?

To avoid surprises at trial and to determine which of the witnesses to call to testify, the prosecutor talks to each witness to find out what they may say during trial. These conversations will help the prosecutor decide whom to call as a witness in court.

Why do lawyers say may I approach?

Since the bench area is the sacred territory of the judge the attorney must ask permission as "may I approach the bench," or simply, "may I approach." If the judge consents, then opposing counsel must be allowed to come forward and participate in the conversation.

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 you don't remember in court?

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.

How to look more innocent in court?

10 RULES FOR DRESSING FOR COURT
  1. Dress Neatly and Make Sure Your Clothes Fit. ...
  2. Dress Like You Are Going to Church. ...
  3. Never Wear Clothing With Pictures or Writing. ...
  4. Avoid the Team Jersey. ...
  5. Accessorize with Moderation. ...
  6. Simplify Your Hair. ...
  7. Simplify Your Makeup. ...
  8. Consider Taking Out Piercings.

How to not be nervous when testifying?

Stay calm. Take a deep breath to maintain your composure. Taking a deep breath and being aware of a physical response to a stressful situation can help the witness feel more in control. It buys time for the witness to think about the question they are being asked and to formulate their response.

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. "

How to witness effectively?

How to be an Effective Witness
  1. You are sworn to tell the truth. ...
  2. A neat appearance and proper attire in court are important.
  3. Avoid distracting mannerisms. ...
  4. Don't try to memorize what you are going to say. ...
  5. Be serious in and around the courtroom. ...
  6. Speak clearly and loudly enough that the farthest juror can hear you easily.

What are good witness questions?

Sample Questions for Witnesses

What was the date, time and duration of the incident or behavior you witnessed? Where did it happen? Who was involved? What did each person do and say?

How do you introduce yourself in court as a witness?

  1. Who Are You? The first part is the basic biographical introduction. ...
  2. What Is Your Usefulness to the Jury? The first part of the introduction should be brief, and need not cover all of your personal details. ...
  3. Why Are You the Right Person to Give this Testimony?

What does hearsay mean in court?

Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts, which is then offered in evidence to prove the truth of the matter. The problem with hearsay is that when the person being quoted is not present, it becomes impossible to establish credibility.

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 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.

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.

What annoys judges?

In this article, we have listed five things that annoy judges which self-reps must try to avoid.
  • When you put yourself in the argument. ...
  • Asking the judge if he or she has read the material. ...
  • Looking and being casual. ...
  • Stop making about on everything. ...
  • Being nasty is a case killer.

How to impress a judge in court?

Dress professionally and appropriately. It is not necessary to dress like a lawyer, but conservative and “business casual” is a good rule. Do wear tidy clothing and groom yourself neatly. You want to be taken seriously by the judge.

What looks bad in a custody battle?

Bad-mouthing your ex-spouse or engaging in verbal or physical altercations with them in front of a judge looks bad. If your children are present, it looks even worse. Judges understand that tempers run high during custody cases, but lack of self-control will not reflect favorably.

What do judges say when they hit the hammer?

But if that opening sounded familiar, you may be picturing a judge rapping a tiny hammer on a piece of wood and yelling, “Order in the court!” That tiny hammer is called a gavel.

How to admit something into evidence?

How to admit exhibits into evidence at a trial
  1. Show your exhibit to the other side and mark it. ...
  2. Have your witness identify your exhibits. ...
  3. Show the witness has first-hand knowledge of the exhibit. ...
  4. Ask the judge to admit the exhibit as evidence.

Do lawyers say I object?

So if evidence is submitted that the attorney feels is improper, or if the attorney feels that the other side is asking questions that are unlawful, the attorney will call out, "Objection!" By doing this, the attorney is asking the judge to rule on whether the law allows that particular piece of evidence or statement ...