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By the time you arrive at trial, you will have already gone through the entire discovery process and have given your deposition. This experience will not have prepared you, however, for what awaits you at trial. In a deposition, there are only a few people in the room, and you are sitting across the table from the questioner. At trial, you will be sitting in a witness box before many people, and the effect can be intimidating.
Trial Preparation
At this point, your attorney will have a more complete picture of what all the witnesses are expected to say at trial and how the defense of the case will be structured. To prepare you for trial, your attorney will generally spend a great deal of time with you on the following subjects:
- Your Testimony. Your attorney will spend a good deal of time with you discussing the facts of the case as you see them. He or she will go over your deposition testimony with you, testimony you may have given years before the trial, to ensure that you still recall the facts as stated in the deposition or, if your testimony has changed, why it has changed.
- Other Witnesses’ Testimony. Your attorney will focus on asking you questions about the things that other witnesses have said. He or she may ask you to read their deposition transcripts in preparation.
- Expert Witnesses’ Testimony. Your attorney will ask you questions about the testimony given by the experts who have testified at deposition to assist the attorney in preparing the defense. Part of your job is to educate your attorney concerning what those in your profession do every day, regardless of what an expert may say.
- Your Comfort Level. Your attorney will attempt to point out pitfalls that are expected at trial, to reassure you, and, to make sure that you are prepared so that you feel comfortable with the material before you give testimony. He or she may even take you to the courthouse and have you sit in the witness box to help you relax.
Trial Testimony
Now that you are prepared and trial has begun, you will be asked to take the witness stand, and the clerk will swear you in. The questioning will then begin.
- Direct Examination. In direct examination, your attorney will ask you a series of questions, most of which you have heard before. This part of your testimony is the easy part.
- Cross Examination. After your attorney has asked all of his or her questions, the opposing attorney will try to discredit you before the jury. He or she will either try to confuse you or at times make you angry. It is key that you keep a cool head even when this may be difficult. Remember to answer slowly and try not to appear defensive. Do not try to argue with opposing counsel; remember, you will have another opportunity to clarify your statements.
- Redirect Examination. Once the opposing attorney has completed his or her questions, your attorney will ask you additional questions, allowing you to clarify any points that opposing counsel prevented you from making.
With any luck, you will not be called to testify again and your trial experience will not be too unpleasant.
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