Testifying in a Municipal Court Case
Compiled
by KENNETH A. VERCAMMEN, Esq. of Edison from various sources
Courts,
Police and Prosecutors have an increased commitment to addressing the needs of litigants.
You may be unfamiliar with court procedures and have fears and uncertainties
about what is expected or required of being a litigant. This article, compiled
from suggestions of prosecutor’s offices, provides a brief explanation of what
to expect in court.
Under the New Jersey Court Rules, a New
Jersey Attorney can negotiate with the Prosecutor to attempt to reduce
penalties. However, the Prosecutor is not required to offer a plea bargain. The
person charged is not required to accept a plea bargain. Therefore, the case
will be scheduled for a trial. The decision on whether of not to testify at
trial is solely the defendant’s. That decision cannot be made by the attorney.
Preparing for Court.
You are reminded that every time you go
to Court or come to your attorney’s office, you should bring your entire
file with all documents and letters you have, plus everything received from our
office, the Court, police, or DMV/MVC applicable to your case. In addition to
bringing your file, on the day of court we recommend that you bring a magazine
or some light reading because the courts often take recesses and delays often
occur. Many courts will not let you operate a cell phone in the courtroom.
You
must be promptly present in court and prepared to proceed at that time. Please
call the court or your attorney approximately 24 hours before this hearing to
confirm that the court has not adjourned your hearing.
When
you arrive, please check in. Hearing
times are often delayed. If by chance, I or the attorney in my office handling
the hearing is not at the hearing room when you arrive, please do not panic. We
will soon arrive to handle the case. We often travel from another court. Do not
call the law office if you do not see the attorney right away unless there is
an emergency. Usually we will go to speak directly with the Prosecutor or Court
Clerk prior to going into the courtroom. Please sit in the courtroom/hearing
room close to the front row until we arrive. Do not wait in the lobby or
outside. In municipal court/traffic cases/criminal , do not speak with
the Prosecutor, wait for your attorney to arrive. Do not leave the court and go
home until instructed by our office. Fines are expected to be paid the day of
court. If you will have to pay court costs or a fine, bring a checkbook or
cash. Most towns and state agencies still do not accept credit cards.
COURTROOM
PROCEEDINGS AT TRIAL:
One of the fundamental rules in a criminal
case is that both the prosecution and defense have an opportunity to question
the litigant. There are specific rules of evidence, which must be followed by
the court. At times, these rules may seem unnecessary or frustrating but they
are directed toward one goal- to determine the truth in the case. Some
guidelines for you to remember:
GUIDELINES
FOR MUNICIPAL COURT:
1.
Prior to testifying, try to prepare yourself by recalling the incident in your
mind, but do not memorize your testimony.
2. You are sworn to tell the truth. Tell
it by answering accurately about what you know.
3. Listen carefully to the questions asked
and think before speaking. If you do not understand the question, ask that it
be repeated or explained. Do not look for assistance from the attorney when you
are on the stand. If you need help, ask the Judge.
4. Speak clearly and loudly.
5. Answer only the question asked,
directly and simply. Do not volunteer information.
6. Do not guess or speculate. If you do
not know the answer, be sure to say so.
If you give an estimate, make sure everyone understands you are estimating.
7. Do not answer if there is an objection.
8. Do not lose your temper. Upon
cross-examination, remain calm and composed.
9. Always be courteous, even if the
attorney questioning you appears to be discourteous. Being polite makes a good
impression on the court and jury. Do not try to be "smart" or
evasive.
10. Be serious in and around the courtroom.
Avoid joking.
11. Neat appearance and proper dress are
important.
12. If the question is about distance or
time and your answer is only an estimate, be sure to say that it is only an
estimate.
13. Leave the stand with confidence,
knowing that you have presented the truth to the best of your ability.
Fears/Threats
If you have any fears about your
involvement in your case, contact your own town's local police department. On
extremely rare occasions, you may receive a threat. If you are threatened,
immediately contact your law enforcement agency to get immediate assistance.
SUBPOENA
A Subpoena is a Court Order directing you
to be present at the time and place stated. You may receive your subpoena by
mail or in person. When you receive a subpoena to appear in court, you are
required by law to attend. Be sure to bring the subpoena to court.
WHERE
DO I GO?
You will find that most court notices and subpoenas
will request that you report to the Court on the date set for your appearance.
GET
COMFORTABLE
Get a good night's rest. Dress
conservatively. Your normal business attire is probably about right. Be early. Give yourself a few minutes to
experience the room in which you are about to testify. It is going to be a
strange environment for you, so walk around. Get used to the lighting, the
acoustics, and the distance your voice might have to travel.
JUST
THE FACTS
Leave your impressions from film,
television and other folklore at home.
In the real world, the attorney seeking your testimony wants from you
but one thing; the facts. What you saw. What you said. What you did.
In limited circumstances, what you
heard. Unless you are asked to do so, do not draw conclusions. Unless you were
called as an expert witness, keep your opinions for another day.
RULES TO REMEMBER
Rule 1. If you are asked what time it is, give the
time. Don't offer instructions on how to
build a watch.
Listen to the question, answer that
question, then wait for the next one.
When they run out of questions, your testimony is over.
Don't answer a question you think was
asked, should be asked, or want to be asked.
And take your time. As with
baseball and other matters of importance, there is no clock. Your testimony is very important, that's why
you were called in the first place. There is no hurry. As in golf, there are no
prizes for speed, just accuracy.
Rule 2.
If you do not understand a question, respond by saying "I do not
understand the question.'' Have counsel
rephrase the question, explain or define any word that you don't understand.
That's what you mean by ''I do not
understand the question.'' It's not impolite. You are not comparing education.
You just don't understand the question. If counsel cannot rephrase the question
so you can understand and adequately respond, that's not your problem. Being a
witness is hard enough.
Rule 3.
If you knew the answer some time ago, but do not recall at the moment,
say ''I do not recall'' Not everyone can remember which shoes they wore the
second Tuesday of last month. There is no disgrace in failing to recall certain
details, especially when they are remote in time.
Your testimony is very important, that's
why you were called in the first place.
Rule 4.
If you are asked a question, and you do not know the answer, say ''I Do
not know.''
Too many witnesses think they have to
know, or are expected to know the answer to practically everything asked of
them while on the stand. No one can be expected to know everything. If you seem
to, your entire testimony may appear rehearsed and unconvincing. When you don't
know, you don't know. SAY SO..
Such
a reply is entirely appropriate.
Rule 5. Tell the truth.
You
saw what you saw. You did what you did. If someone else has a different version
of these events, well, someone else has a different version of these events. In
the end, the judge or jury will sort it all out.
Rule 6. Be yourself.
As you would converse with a friend or
neighbor, speak in your own words and use your own vocabulary. Answer the
questions as naturally as you can. You don't want to sound like an actor
delivering memorized lines.
There is no getting around it; while
giving testimony, you are on stage.
Everyone in the room, especially trial counsel, is watching you testify.
They not only listen to your word, but also watch how you present them. You
must be as relaxed and natural as possible. Body language is a powerful
communication tool. Use it properly.
Speak up. What you say will be
taken down by a tape recorder, sometimes later transcribed onto a printed page.
This is called ''making a record.''
Consider two limitations in this process;
1. Your testimony has to be verbal. It
is difficult to transcribe a nod of the head or shrug of the shoulders. Don't
spread your hands apart and claim ''About this much.'' If the answer is ''two and one half feet,''
say so.
2. Only one person can speak at a time.
Pace your responses so as to avoid ''talking over'' the attorney asking the
questions.
HELP
YOURSELF
Give straight, direct and specific answers
whenever possible. Depending upon the
question being asked, try and avoid needless qualifiers like ''In my opinion,''
''I guess,'' ''I think,'' and ''I believe'' JUST THE FACTS. Any reservations
displayed on direct examination will come back to you on cross.
If the answer is ''yes'', ''blue'' or
''I don't know,'' SAY SO.
Don't
guess, exaggerate, or speak in broad, sweeping terms. Try not to generalize,
and do not explain anything unless specifically instructed to do so.
If you make a mistake, or give the
wrong answer, STOP.. As soon as you realize you have given the wrong
information, or left something out, STOP. Tell the attorney you made a mistake,
say ''I made a mistake. May I correct myself.'' Clear the record then and
there. It is much better than to have the opposing attorney question you about
it later on cross examination.
If there is an objection, or if the
judge or another attorney interrupts your testimony; FREEZE. Do not say another
word until instructed to do so. The
lawyers will argue out the problem on the spot. Wait until told to proceed.
There is no need to ''squeeze in'' an
answer during this process. Let the
lawyers work it out, that's what they do.
HELP
THE COURT
Some attorneys or prosecutors lose
their manners right after the bar exam. Some have the personality of a
briefcase. For others, this would be an improvement. Do your best anyway, and
try to be polite. If you have a bad temper, leave it in the elevator.
Do not engage in a battle of wits. You
can't win. It's not because you don't get to ask questions. You are gathered
for the purpose of finding the truth, not to judge who can best exchange
sarcastic remarks.
