Witness Instructions That Work!

Part II

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  • I Don't Remember
    If you don't remember something, say, "I don't remember." This is very important. If you are asked about doing something, and you don't specifically remember what you did, say so. You can offer to testify as to your usual practice, and tell the court this is what you are doing: "I don't remember what I did on February 27, but usually I go straight home from work arriving about 6 PM."

  • State what you personally saw or heard
    In court if you're asked if you "know" something, this usually means you are being asked whether you personally say or you personally heard something. If your answer is based solely on what someone else told you, say so. In everyday life people feel they "know" things that others have told them, but in court this is not what is meant by "know."

  • Be careful of questions with "all" or "none" in them
    In court if a question has the word "all" or "none," you need to understand that this does not mean"almost all" or "hardly any." "All" means absolutely every single one with no exceptions, and "none" means not even one single one.

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