Do not worry whether your answer is helping your case or whether you are being consistent; my job is to worry about that. All you have to do is tell the truth. Do not ask the cross-examining lawyer a question. It shows belligerence. It only gives the lawyer an opportunity to make a remark about your testimony and it irritates the judge and jury. There is only one exception: you must ask the attorney to repeat or rephrase the question if you do not hear the question, or do not understand the question.
Be courteous and attentive to the opposing attorney. Under no circumstances should you get mad or lose your temper. I will be there to protect you if you are being mistreated. It helps to remember the opposing attorney is just doing his or her job. Do not look to me for help in answering the questions.
I will object if you are asked an improper question. Do not testify to what someone has told you unless you are asked specifically about conversations with others. If you do not understand a question, say so. I have seen witnesses who are concerned that they look stupid, so they answer a question they do not understand. That could be a disaster If you do not hear a question, say so. If you do not know the answer, or you do not remember, say so.
If you know the answer, answer the question. Do not guess at the answer to any question. A support person in court is commonly referred to as a McKenzie Friend. This person can help to keep you calm, confident and organised throughout your appearance. A McKenzie friend may, with the permission of the court, be able to sit with you in court, take notes on your behalf, and quietly offer suggestions and advice.
A McKenzie friend cannot speak for you in court, and has no right to address the judge, or the jury. If you decide to bring a support person with you on the day of your appearance, you should contact the court as soon as possible. Whether or not your support person is permitted to sit with you in court is up to the judge. An amicus is not a party to an action, but a person appointed by the court to assist the court. Assistance is provided by offering information and submissions about a particular area of law, or by advancing legal arguments on behalf of an unrepresented party.
An amicus may, with the permission of the court, be able to sit next to you in court, and can offer assistance by providing you with advice, making submissions on your behalf and cross-examining Crown witnesses, among other things. The appointment of an amicus, and the extent to which he or she may file documents and present arguments, are at the discretion of the court.
The appointment of an amicus does not require the consent of the parties to the proceeding. Everyone appearing in court should wear appropriate clothing. You should dress as smartly and tidily as you can for court. If you would like to familiarise yourself with the courthouse and courtroom before your appearance, you may be able to visit the courthouse before your appearance. You should speak to reception about this on the day of your visit.
Back to top. Check the daily list to see which courtroom your hearing is in. The daily list is usually clearly visible as you walk through the main doors of the courthouse. If you cannot see or find the list, ask reception. Alternatively, daily hearing lists are available on the Courts of New Zealand website. Daily hearing lists external link. On the day of your trial, if you have witnesses who support your case, ensure they also arrive early and find them when you arrive at court.
If you know they are going to be late, contact the court as soon as possible. When your case is called, you should introduce yourself, after the prosecutor has done so. It is important that you speak loudly, slowly and clearly in court. You want people to be able to easily hear and understand what you are saying.
You are not expected to know legal terms so use simple, non-legal language as much as possible. If you do not understand a term used in court you may ask the judge to explain the term when it is your turn to speak. Acceptable language is expected in court at all times. It is important not to swear or use offensive language in court. If you will need an interpreter for your hearing, you must tell the court as soon as possible and at least 10 working days before you appear in court.
More information about interpreter services is provided below. Clothing that reveals your underwear. Shorts or cut-offs. Footwear: Flip-flop sandals. Athletic shoes. High-heel spikes. Open-toed shoes. Lots of jewelry, especially if it makes noise when you move. Sunglasses, unless medically prescribed. Hair: Wet and messy. Unnatural dye job. Weird or unusual haircut. Hygiene: Look dirty or unshaven. Cologne and perfume. Use very little. Too much and everyone will wonder what you are trying to cover up!
Smelling like cigarette smoke. Smelling like pot. All clothing should fit appropriately and conservatively, neither ill-fitting or too loose. Accessories, such as jewelry, watches, or bags, should be subtle. The general color palettes in business wear are shades of black, grey, blue, or brown. Traditional business attire is the style of dress most often seen in courtrooms and is typically the look most jurors associate with attorneys.
As an expert witness, one advantage to business wear is that it helps you appear professional and experienced, and conveys the message that you belong in a courtroom. By dressing uniformly with the other attorneys, your outfit will not attract much attention, meaning that a jury will not be distracted from your testimony. On the spectrum of business wear, business casual is how the name implies less formal than traditional business attire.
Typically, this style of dress allows for a brighter color palette, more accessorizing, and does not require a suit. Different colored blazers and slacks or skirts for women can be worn together without the monotony of a uniformly colored, matching suit. While business casual is not as formal, it still follows the same foundational requirements of traditional business wear — oxford shirts, blouses, conservative shoes, and a look of professionalism.
Business casual attire might be the best choice for an expert witness for a few reasons.
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