Ten Rules for Giving Good Evidence

BY Andrew Tiedt - Solicitor

Listen to the question. Answer the question.
LISTEN. TO. THE. QUESTION. ANSWER. THE. QUESTION. Not what you think the questioner meant to ask. Not what you think they should have asked. Not what you think the decision maker wishes they had asked. ANSWER THE QUESTION.
If you don’t know, don’t remember, or can’t be sure, then say so. Never guess. Never assume. Never speculate.
If the question calls for a yes or no, then say yes or no. If the question calls for a short answer (say, if you are asked for a date something happened) then give the information you were asked for. No more. No less.
In evidence in chief, the questioner is trying to guide you through your evidence. Help them to help you by being responsive to their questions. Listen to what they ask you, and give the evidence you have been asked for. Work on the assumption they said what they mean, and mean what they said, and respond accordingly.
In cross examination, most of your answers will be:a. Yesb. Noc. Don’t knowd. Don’t rememberThat’s OK. That is how cross examination is meant to go.
Cross examination is not an opportunity to explain or justify (unless you are specifically invited to do so by the cross examiner). The worst possible answers are “Yes but…” and “No but…”.
Do not argue with the cross examiner. You may think the question is stupid, irrelevant, repetitive or unhelpful. You may well be right. It doesn’t matter. Unless the question is disallowed, you are stuck with it. Answer it.
You may well be cleverer than the cross examiner. You may even be the cleverest person in the room. Cross examination is no time to try and prove that. While you are being cross examined, the cross examiner is in control. You have to answer their questions. Including the stupid questions. Especially the stupid ones.
The impression you want to leave the decision maker with is that you have made an honest and straightforward attempt to tell the truth. The best way to give that impression is just to do exactly that. Just answer the questions.