Is it OK to say I dont remember in court?

Asked by: Jeanne Fisher I  |  Last update: July 24, 2023
Score: 4.1/5 (73 votes)

11) If you don't know the answer to a question or if you can't remember something because it happened long ago or for some other reason, do not be afraid to say, “I don't know” or “I don't remember.” You cannot be penalized for something you do not know or honestly do not remember.

Can you say you can't remember in court?

If you can't remember, then it's fine to say that to the court. And if you don't agree with what someone is asking you, then it's important to say that too. Remember, the court wants to hear what happened from you in your own words – not what anyone else thinks happened.

What do you say in court when you don't remember?

"I don't recall" is often the most truthful answer if you're not sure. Then if the document shows up, it may refresh your memory, but it doesn't contradict your sworn testimony. On the other hand, if something is fundamental and wrong, you would never have done or said that. Don't hide the truth behind memory.

Is it perjury to say you don t remember?

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.

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.

An Attorney Can't Force You to Answer "Yes or No"

32 related questions found

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.

What should a witness never do with their testimony?

After a witness has testified in court, he/she should not tell other witnesses what was said during the testimony until after the case is completely over. Thus, do not ask other witnesses about their testimony and do not volunteer information about your own testimony.

Can you answer I don't know in deposition?

The best answers, if truthful are: “Yes” “No” “I don't know”

Is an honest mistake perjury?

For something to be perjury, a prosecutor has to prove that the person knowingly and intentionally made a false statement. Normally, it isn't considered perjury if someone made an honest mistake, had a lapse in memory or simply forgot certain facts.

Is perjury hard to prove?

Perjury is rarely charged, and it is difficult for prosecutors to prove. However, the threat of perjury charges is often a tool lawyers use to ensure that witnesses provide candid testimony to the court.

What is the best thing to say in court?

Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.

What are good excuses for not showing up to court?

You Have a Health or Family Emergency

If you have a minor cold and don't appear in court, that will obviously not be considered a valid excuse, but if you are in the hospital for a significant period of time or you can prove that you cannot safely attend your hearing, you can make your case to the judge.

What do you say in court when you want to remain silent?

Stating clearly that you intend to remain silent by saying something like, “I choose to exercise my right to remain silent.” Refusing to answer any further questions once you invoke your rights. Refusing to provide written or recorded statements or sign any documents.

Can a memory be used in court?

In criminal law, the use of repressed memories as evidence is generally met with skepticism and may not be admitted if the court finds them unreliable or if the process of recovering the memories involves suggestive techniques.

What can you swear on in court?

Oath: A commitment made to the witness's deity, or on their holy book. Affirmation: A secular variant of the oath where the witness does not have to mention a deity or holy book. Promise: A commitment made by a witness under the age of 17, or of all witnesses if none of the accused are over the age of 17.

What is disrespect in court called?

Contempt of court, also referred to simply as "contempt" is the disobedience of an order of a court. Additionally, conduct tending to obstruct or interfere with the orderly administration of justice also qualifies as contempt of court.

Do judges see through lies?

Judges are experienced legal professionals trained to evaluate the credibility of witnesses and evidence presented in court. While they may not always know for certain when someone is lying, they can often detect signs of dishonesty, such as inconsistencies in statements, body language cues, or conflicting evidence.

How common is perjury?

Perjury, or lying under oath in court, is often called “the forgotten offense” because it is not only widespread, but rarely prosecuted, especially in America, where it's been a crime since 1790.

Is perjury the same as lying?

DIFFERENCES BETWEEN PERJURY & MAKING FALSE STATEMENTS

And for perjury, the statement must be literally false and made with intent to deceive or mislead. In contrast, making false statements applies when people lie to the government regardless of whether it's under oath or not.

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).

Can you refuse to answer a question under oath?

In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information, or the court previously ordered that the information cannot be revealed (source).

How do you answer a difficult deposition question?

When answering questions in a deposition, it's essential to stick to what you know and avoid speculating or guessing. If you're not sure of the answer to a question, it's okay to say so. However, you should avoid making assumptions or offering opinions that are not based on fact.

What makes a bad witness in court?

An attorney can show jurors a witness is not credible by showing: 1) inconsistent statements, 2) reputation for untruthfulness, 3) defects in perception, 4) prior convictions that show dishonesty or untruthfulness, and 5) bias.

How do you stay calm when testifying in court?

Here are five ways you can shine with a calm presence in court.
  1. Stick to the Facts. ...
  2. Let Your Attorney do the Heavy Lifting. ...
  3. Get Your Emotions in Check. ...
  4. Make Sure You are Playing Reasonably. ...
  5. Take Court Seriously.

What do lawyers say in court when they don't agree?

When a lawyer says "objection" during court, he is telling the judge that he thinks his opponent violated a rule of procedure. The judge's ruling determines what the jury is allowed to consider when deciding the verdict of a case.