What to Know About Being a Witness in a Legal Proceeding

The people involved in a legal matter have to prove their claims. They need evidence to do this, and witnesses are an important kind of evidence. Witnesses offer first-hand knowledge of events in a case. They can support or disprove claims made by the people involved in the case.

As a witness, you must tell the truth. If you don't tell the truth, you could face criminal consequences.

The lawyers involved in the case may want to talk with you before trial. It is their job to try to find out what you know about the case. The lawyer may also explain courtroom procedures to you. If you have questions about what to expect when you testify, be sure to ask those questions.

Generally, you can choose whether or not to talk to the lawyers before the trial. However, if it's a criminal case, there may be consequences for not cooperating with the prosecuting attorney.

It's normal for a lawyer to ask you to testify, only to be told later that you're no longer needed. A lawyer's job is to review all the evidence and then decide what evidence (including which witnesses) will be most helpful to their client's case. Additionally, many court cases get settled outside of court before trial.

Giving testimony at a deposition

You may be asked to give testimony under oath before trial. The taking and recording of testimony before trial is called a "deposition."

Depositions usually happen in the office of one of the lawyers. A word-for-word transcript is made of the deposition. A deposition helps the parties prepare their cases. Sometimes, the deposition testimony encourages the parties to settle before trial.

The lawyer who called you as a witness should provide details about what to expect on the day of the trial or court proceeding. The lawyer should tell you where to go and when to be there. If it's a virtual ("remote") trial, the lawyer should provide instructions on how to call into the hearing. If the lawyer doesn't give these details, call them and ask.

If you are asked to testify in person, expect to spend a fair amount of time waiting in the courthouse. Bring something to do while you wait.  

Understanding objections

During a trial, a lawyer may object to a question another lawyer asks you. If that happens, stop talking immediately. If the judge "overrules" the objection, this means you can answer the question. If the judge "sustains" the objection, you may not answer.

Refusing to answer a question

Most of the time, you must answer questions asked of you when you testify.

However, if you feel that your answer to a question could connect you to a crime you committed, you have the right to refuse to answer the question.  

If you have a lawyer, talk to your lawyer before trial to understand what to do if you're worried about being linked to a crime by your testimony. If you cannot afford to hire a lawyer, the court may provide one for free to advise you on how to answer the question.

General tips when serving as a witness

• Do not try to memorize your testimony. No one remembers every detail perfectly, and a memorized testimony will not sound like the truth.
• Turn off your devices. Turn off all cell phones and other electronic devices before entering the courtroom for trial or the lawyer's office for a deposition.
• Dress neatly and be polite. Do not chew gum. Your appearance and how you act in court affect what the judge and jury think about your testimony.
• Be attentive. You must always be alert to hear, understand, and give proper and accurate answers to all questions. If the judge or jury thinks you are indifferent, they may not believe your testimony.
• Try to relax. Look at the jury members and try to talk to them just as you would speak to friends or neighbors.

Tips for answering questions

• Think before you speak. Hasty and thoughtless answers may be incorrect.
• Remain calm. Do not become angry and lose your temper.
• Speak clearly. If the judge and jury do not hear your testimony, they may think you are unsure about what you are saying.
• Ask for clarification. If you don't understand a question, ask the person questioning you to repeat or explain the question. Do not try to answer a question you don't understand. Don't guess if you are uncertain.
• Answer all questions directly. If a question can be answered with a simple "yes" or "no," that is all you need to say.
• Stick to the facts. Don't color your testimony to help a friend or relative. Keep your testimony as objective as possible.
• It's okay if you don't know the answer. If you do not know the answer, tell the person questioning you that you don't know the answer. You are only required to tell what you know.
• It's okay not to remember things. If you do not remember something, say so. Tell the person who is questioning you that you do not remember. No one is expected to have a perfect memory.

Legal review by Simeon D. Rapoport. Last updated October 2024.