What not to say as a witness?
Asked by: Prof. Libbie Reilly | Last update: February 13, 2026Score: 4.6/5 (74 votes)
As a witness, avoid guessing, exaggerating, volunteering extra information, arguing, making assumptions, using absolute words like "never" or "always," calling others liars, or giving opinions/conclusions; instead, stick to the facts you personally observed, answer only the question asked, and be clear, calm, and honest.
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…”
What is the hardest thing to prove in court?
The hardest things to prove in court involve intent, causation (especially in medical cases where multiple factors exist), proving insanity, and overcoming the lack of physical evidence or uncooperative victims, often seen in sexual assault or domestic violence cases. Proving another person's mental state or linking a specific harm directly to negligence, rather than underlying conditions, requires strong expert testimony and overcoming common doubts.
What should be avoided in a witness statement?
The statement should not contain any opinion and not include the witness's views on the merits of their own case or that of their opponent. A well drafted witness statement should, as far as possible, deal with matters in chronological order and only contain facts which are relevant to the issues in any given case.
What do judges not like?
Not pinning down all the evidence early, resolving possible issues affecting admissibility, and making the doggone exhibits clear and legible to the jury. Not speaking loudly enough in court for the jury to hear you and making sure your witnesses do the same. Mumblers lose. Not knowing when to sit down and shut up.
8 things you must not do when called as a witness at trial
What makes you look bad in court?
Dress Like You Are Going to Church
No low necklines, shorts, stiletto heels, tight jeans (actually, avoid jeans altogether), or sleeveless shirts. If you are wearing a button-up shirt, make sure it is fully buttoned and wear an undershirt or, if it is cool out, a sweater.
What annoys a judge?
Other judges said they dislike personal attacks, snide remarks, innuendo, or sarcasm. One judge said his or her biggest pet peeve is “the growing tendency to wax personal in responding to arguments.” Unorganized briefs.
What color do judges like to see in court?
Judges generally prefer neutral, conservative colors like navy, gray, black, and white, as these convey seriousness, respect, and professionalism, avoiding distractions in a formal court setting; bright colors, bold patterns, and overly casual attire should be avoided to show you're taking the proceedings seriously. While some suggest lighter, muted tones (like light blue) might leave a favorable impression, the key is sobriety and fitting in, not standing out.
What can disqualify a witness?
(a) A person is disqualified to be a witness if he or she is: (1) Incapable of expressing himself or herself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him; or (2) Incapable of understanding the duty of a witness to tell the truth.
What words should you avoid in court?
What words should be avoided during witness testimony? 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.
How to look more innocent in court?
Individuals should stick with darker, more serious colors and avoid bright colors, intricate patterns, or any non-traditional fashion choices. While women and men may wear different clothing, both genders should conceal any visible tattoos and wear their hair in a trimmed, combed or styled fashion with a natural color.
What is the hardest case to beat?
First-degree Murder
The combination of severe consequences, extensive investigative resources, and the emotional impact on juries makes these cases exceptionally difficult to defend.
Can screenshots of messages be used as evidence?
Yes, screenshots of messages can be used as evidence, but they are often considered weak or unreliable on their own because they can be easily edited, cropped, or taken out of context, making them difficult to authenticate; courts prefer original messages with complete metadata (dates, times, sender info) and often require extra proof, like testimony or forensic analysis, to confirm they are genuine.
How to impress a judge in court?
To impress a judge, be prepared, respectful, and credible by dressing appropriately, arriving early, knowing your case thoroughly, staying calm and polite (using "Your Honor"), speaking clearly and directly, avoiding exaggeration or opinion, and showing active engagement through note-taking. Judges value clarity, honesty, and efficiency, so provide easy-to-understand facts and solutions rather than emotional outbursts or unrequested details, allowing your attorney to handle communication.
Can a witness say they don't remember?
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.
What is rule 1 in court?
Rule 1 is amended to emphasize that just as the court should construe and administer these rules to secure the just, speedy, and inexpensive determination of every action, so the parties share the responsibility to employ the rules in the same way. Most lawyers and parties cooperate to achieve these ends.
Who has more power than a judge?
While judges hold significant authority in court, others wield different forms of power, including Legislators (Congress) who make laws judges interpret, the President who enforces them and appoints judges, Prosecutors (DAs) who heavily influence case outcomes through charging decisions, and even Juries who determine facts, all operating within a system of checks and balances where power is distributed, not absolute.
Who cannot act as a witness?
A person who is a party to the document or has a direct personal interest cannot act as a witness. Many documents also prohibit close relatives or spouses from witnessing.
What makes a bad witness?
Poor behavior upon the part of the witness, such as being argumentative or evasive, may affect the witness' credibility; An inappropriately dressed witness may make a poor impression on the trier of fact; and. An unprepared witness may have trouble handling cross examination.
How to tell if a judge is good?
A good judge needs to be even-tempered, yet firm; open-minded, yet willing and able to reach a decision; confident, yet not self-centered. Mental and physical capacity to fulfill the duties of judicial office.
What makes you look better in court?
Dress nicely. You don't need to (and shouldn't) look like you're ready for a walk down the “Red-Carpet” – that would be overdoing it. Just a clean, attractive attire is sufficient. Something a judge would see as appropriate and respectful.
What colors make you look innocent in court?
The experts say that the best color to wear to court is probably navy blue or dark grey. These colors suggest seriousness. At the same time, they do not come with the negative connotations that are often associated with the color black (for instance, some people associate black with evil, coldness, and darkness).
What do judges fear?
During the defendant's second trial, the defendant threatened to kill the jurors. Judges also have safety concerns: a judge in New York barely avoided being shot when a former defendant fired a sawed off rifle in the courtroom. Other judges have been threatened, injured, or killed while on the job.
Who is the kindest judge?
The show of love and support for the beloved Judge Frank Caprio, overwhelming. This proves that kindness and compassion especially in the courtroom go a long way. He was the judge of all people.
How to win over a judge?
“In a courtroom, whether with the judge, other lawyers or jury, the most important thing you have is your credibility. This includes your voice inflection and facial expressions, your body language, your demeanor in the examination of a witness and your entire self-presentation.