Today’s advice is for potential witnesses.
#1 Don’t refuse to talk to the attorney if they call to talk to you, unless it’s smart to not to.
You don’t have to speak, but if you do you may can avoid a subpoena or having to testify later.
#2 Don’t try to refuse a subpoena.
It’s tacky. Refusing to touch the papers does not invalidate service.
#3 Don’t be rude.
I get you have a job, but so do I. I attempted to call you weeks ago and do this politely. You refused to answer or speak. You refused to call back.
#4 Don’t lie to get out of testifying.
It’s tacky too. And dishonest.
Matthew Thompson is a divorce attorney and just wants the facts.
You’re entitled to your own opinion, but you are not entitled to your own facts.
Testifying as a witness can be intimidating and scary. However, you do not have to let it get to you. Your job as a witness is to tell the truth, the whole truth and nothing but the truth. If you are testifying as a witness it is usually because you know something about the case and can help provide factual information. Your job as a witness, however is not to guess, speculate or even give your opinion, usually.
To be a good witness answer the question asked. Answer it with a “yes” or “no” or “I don’t know.” You may explain if you need to. Be direct. It is usually wise to only answer what is asked and it is also wise not to assume “facts” if you do NOT have personal knowledge of the underlying situation.
Also, someone telling you something does not make it a fact within your personal knowledge, even if they seem like they are telling the truth.
Matthew Thompson is a Family Law Attorney in Mississippi and reminds you to stick to the facts, just the facts.
If you have Court and your testimony matters, show up. If the issues before the Court impact you in a “bigly” manner, show up. Rarely is a good outcome achieved in your absence, and no amount of explanation will be sufficient if you weren’t there to witness it for yourself.
When you do show up, tell the truth.
Matthew Thompson is a Family Law Attorney in Mississippi and reminds you that 99% of the time that good results are earned, it is, in part, due to the fact that you showed up.
(601) 850-8000 www.BowTielawyer.MS Matthew@bowtielawyer.ms