Instructions for Testifying at Your

Deposition or Divorce Trial

James Publishing

Tell the truth

You will be sworn to tell the truth, the whole truth and nothing but the

truth.

Meaning of telling the truth

Telling the truth means that you must not lie in response to the

question.

Meaning of telling “the whole truth”

Telling “the whole truth” means not omitting the truth or only giving partial truth. For example, if you testify that you have $10,000 in a joint savings

account with your spouse, but you fail to mention that you have another $10,000 hidden in your attic, you have told the truth, but not the whole truth.truth, but not the whole truth.

Meaning of

“nothing but the truth”

This is yet another concept. For example, if a person tells the truth in response to a question and then adds a lie, he or she has told the truth, but hasn’t told “nothing but the

truth.”

Do not guess

You may respond that you do not know (if you never knew the answer) or you do not remember (if you once knew, but have forgotten the

answer). If you are asked to estimate, be sure to say “I’m guessing” or “approximately” in your answer.

Be sure you understand the question before you answer

If you did not hear, ask for the question to be repeated. If you do not understand the question, do not try to answer based on what you think was asked. Request that the question be repeated or rephrased (asked in a different way). Do not be intimidated. Ask again, if you still do not

understand the question.understand the question.

Take your time

It is okay to take your time in answering questions. Give the question some thought before

answering.

How you answer is as

important as what you say

Body language speaks louder than words. Sit up tall. Do not cross your arms across your body. Be open. Do not chew gum. Keep your hands at your sides and away from your face or mouth. Remember you must answer out loud, not just nod your head.

Look at the judge when you answer

If you are testifying in court, look the judge straight in the eyes. Do not forget that the judge is the person who will be making the determinations.

Stop and wait when an objection is made

Do nothing until the judge rules. If the Do nothing until the judge rules. If the judge overrules the objection, the judge will tell you to answer. If you are

instructed to answer, you may ask to have the question repeated. If the judge

sustains the objection, do not answer the question. You could then be asked the same question phrased differently or a same question phrased differently or a

wholly new question.

Keep your cool, take a deep breath, and stay as calm as possibleTestifying in court is stressful and the other side is going to try to add to that stress. Keep your composure no matter what the other lawyer or your spouse does or says. Do not joke. Do not argue with the lawyer or your spouse. Everything you do or say will affect how the judge views you and

your testimony. your testimony.