Preparing To Testify
How do I prepare for direct examination?
The best way to prepare for direct examination is to have a friend ask you questions, and answer them as though you were in court. Don't just think of what you would say, but actually have someone who's familiar with the case put questions to you and practice answering them and say, well how does that sound? Am I talking too much? Am I not saying enough? Am I looking confident or I look nervous? How can I improve my demeanour, because the judge and maybe the jury is going be looking at me? So the best way to do well on cross-examination is to actually rehearse the question and answer format of direct examination.
How do I prepare for cross-examination?
The preparation for a cross-examination is very much the same way as direct examination. The best way is to have somebody put questions to you which challenge your version of events, which is what the opposing side is likely to do to you in court. Perhaps they say, "well, how can you be so certain that my client was wearing the red shirt?" They're challenging you. You can't get angry. You have to listen to the question, take a moment, answer it and then have your friend, or whoever is asking you the questions say: "Okay, you sounded pretty comfortable with that", or "you sounded uncertain there, maybe you should think about that again". Try to think of the case from the other side's perspective, and consider what questions they're likely to ask. Then, have someone ask those questions to you. That's the best way to prepare for a cross-examination.
How do I prepare for my opening statement?
Opening statements are prepared by thinking about the evidence that you're going to be offering. If, again, you're representing yourself. And try to give a summary. You don't want to give all - you don't want to describe everything you're going to be offering because it's like listening to a long lecture. People stop paying attention. You just want to wet their appetite. So practice it. Maybe practice it speaking to your spouse, your kids or a couple of friends. Again, ask them for honest feedback. Did you understand what I said? Did it make you interested in my case? And then do it again. There's some lawyers who say they rehearse 20 times before they do anything in court, and those are experienced lawyers. So if you're going to court for the first time, there's nothing wrong with practicing again and again.
How do I prepare for my closing argument?
You should have some idea, even before a trial starts, what the evidence is going to be. You should know; what you think your strongest evidence is, and then prepare your ideas by writing down notes. It is probably best not to read a closing argument or a closing statement to a judge or juror. A lot of people like notes in front of them, but the problem with writing out your whole speech is you then just start reading it, and you'll lose eye contact with the important personnel. The best way to carry out your closing statement is to have notes that indicate, and remind you of what you want to say. You should then practice these until you can say it more or less extemporaneously, so that you are looking at the judge, looking at the jury if their is one, and having your notes available should you lose your train of thought. Again practice.
