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Preparing To Testify

 
Paul Bergman
Meet the Expert
  • How do I prepare for direct examination?
  • How do I prepare for cross-examination?
  • How do I prepare for my opening statement?
  • How do I prepare for my closing argument?
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Going To Court
 Courtroom Jargon 
  1. Paul Bergman
  2. What is a 'bench trial'? 
  3. What is an 'arraignment'? 
  4. What is an 'appeal'? 
  5. What is 'hearsay'? 
  6. What are leading questions? 
  7. What are 'motions'? 
  8. What is an 'objection'? 
  9. What does the term 'sustained' mean in a courtroom? 
  10. What does the term 'overruled' mean in a courtroom? 
  11. What is a 'hostile witness'? 
  12. What is a 'guilty' plea? 
  13. What is a 'no contest' plea? 
  14. What is a 'not guilty' plea? 
  15. What is 'reasonable doubt'? 
  16. What is the 'preponderance of evidence'? 
  17. What does the term 'burden of proof' mean? 
 All About Evidence 
  1. Paul Bergman
  2. What are the basic rules of evidence? 
  3. What are courtroom 'exhibits'? 
  4. What is 'physical evidence'? 
  5. What is 'rebuttal evidence'? 
 Courtroom Players 
  1. Paul Bergman
  2. What is the judge's role? 
  3. What is the prosecutor's role? 
  4. What is the defense attorney's role? 
  5. What is a 'plaintiff'? 
  6. What is a 'defendant'? 
  7. What is a 'bailiff'? 
  8. What is a courtroom 'stenographer'? 
  9. What is the court clerk's role? 
  10. What is the jury's role? 
  11. How is a trial conducted? 
 Courtroom Etiquette 
  1. Paul Bergman
  2. How should I dress in court? 
  3. How should I address the judge? 
  4. How should I behave in court? 
  5. Can I address opposing counsel? 
  6. Can I speak to the judge? 
  7. What is contempt of court? 
 Preparing For Court 
  1. Paul Bergman
  2. What is 'discovery'? 
  3. What is a 'deposition'? 
  4. What are the rules of civil procedure? 
  5. How do I cope with complex legal language and procedural rules? 
  6. What are the elements of a legal claim? 
  7. How do I know if I need an expert witness? 
  8. How do I prove the elements in a legal claim? 
  9. How can I collect my judgment? 
  10. How do I know if I can file for an appeal? 
 Handling Your Civil Court Case 
  1. Paul Bergman
  2. Is it sensible to appear in court without a lawyer? 
  3. How do I know if I have a good case? 
  4. If I want to sue someone, how do I know which court has jurisdiction over the case? 
 Going To Small Claims Court 
  1. Paul Bergman
  2. How do I file a small claims case? 
  3. How should I try and resolve a small claims case myself? 
  4. Where can I get help to prepare my small claims case? 
 Going To Traffic Court 
  1. Paul Bergman
  2. I received a traffic citation, what can I expect in traffic court? 
  3. What are the potential penalties in traffic court? 
  4. Can I have a lawyer in traffic court? 
Preparing To Testify (Now Playing)
  1. Paul Bergman
Paul Bergman Mr. Paul Bergman
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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.

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