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

Asked by: Simone Williamson  |  Last update: December 20, 2023
Score: 4.9/5 (31 votes)

We guess and we assume to help keep it going and maybe to make ourselves look smart. Don't do it in testimony. If you do not have a clear and precise memory, just say, "I don't recall," and stop.

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.

How do 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?

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.

When a witness says I don't remember?

A witness cannot, however, repeatedly answer “I don't recall” to avoid truthfully answering questions. Being deliberately obstructive could result in a contempt finding, sanctions and even criminal punishment. Any deponent is under an obligation to provide truthful and accurate testimony under oath.

How To Win In Court With These 7 Body Language Secrets!

15 related questions found

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.

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 to say if you can't answer a question in court?

"I can't answer that question yes or no, but if you'll allow me to explain, I can tell you exactly why that happened." Of course the defense attorney will not want you to explain anything, nor will he give you the opportunity to do so.

Can you say whatever you want in a courtroom?

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

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.

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.

Should I remain silent in court?

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.

What not to tell a judge?

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.

How can I be calm in court?

Court can be stressful: How to keep your cool
  1. Prepare for the big day.
  2. Create space for yourself.
  3. Give yourself time to process.
  4. Bring a support person.
  5. Remember the stakes.

What should I say to the judge?

In most cases it is important to say "Yes, your honor" or "No, your honor." Using "your honor" is the easiest way to show respect and avoid offending your judge. Do not simply nod your head to answer a question. Maintain your composure. If you start to lose your temper or get angry, ask the judge for a brief recess.

How do you politely refuse to answer a question?

Useful Expressions to Handle Uncomfortable Questions
  1. I'd rather not say.
  2. I'd prefer not to talk about that.
  3. I'd rather not get into [this topic] at this event.
  4. I'd prefer not to discuss this right now.
  5. I'm sorry, that's private.
  6. That's a little too personal.
  7. That topic is too difficult to discuss at this moment.

What questions Cannot be asked in court?

Compound question

Compound questions are not allowed because they can confuse the witness, the judge, and the jury. Also, it may not be clear for the court record which of the questions the witness is answering.

Can you refuse to answer certain questions?

You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.

How do you say hello in court?

Stand and greet the court, then state your name and who you are representing. For example: “Good morning, your honor.

How do you say hi to a judge in court?

When you speak to the judge, act respectfully and call him or her “your honor.” NEVER interrupt the judge.

How can I impress in court?

You may be nervous when you get into the courtroom, but these six tips will help ease any anxiety about how it's going to go.
  1. Know the judge. ...
  2. Be organized with your paperwork. ...
  3. Dress Appropriately. ...
  4. Stay calm in front of the jury. ...
  5. Keep eye contact with the jury. ...
  6. Don't be late to court.

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 best way to answer a question in a deposition?

Be honest. It's important to always tell the truth during a deposition, even if you think the answer may not be favorable to your case. Lying or providing misleading answers can have serious legal consequences and can damage your credibility.

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

"I don't remember" and "I don't recall" are both ways of saying that someone is unable to remember something. There is not a significant difference in meaning between the two phrases. They are both used to indicate that someone is unable to retrieve a memory or piece of information.

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.