In an administrative hearing, you often have the opportunity of presenting the whole story of what occurred as you know it. In a court deposition setting, you may only be able to respond to specific questions that are asked. In any case, it is important to be clear and concise in your deliver. Do not abuse the privilege when someone asks you to present information on a specific subject. Remember, what you have to say is important, but it is only important if you present it properly.

Never offer your opinion as part of your testimony, unless you are testifying as an expert, which is a different situation entirely.

In preparation, you will want to spend time reviewing your notes and reports of the incident in question. Likely, you will spend time in advance of the deposition reviewing your material and testimony with an attorney who represents the interest of the side for whom your testimony will be favorable. The attorney will review likely questions that you will be asked. You should also be prepared for questions that are unexpected or not relevant to the issue at hand. Just as in court, another attorney present may object to the question. You should stop testifying immediately. Wait until the attorneys have discussed the objection, then proceed with your testimony only after you have been instructed to do so.

For an attorney who represents interests opposite of what you will testify to, a deposition may be nothing more than an opportunity to create a written record of what you say, in order to later impeach you in court. This is not something that you need worry about. Your job is to convey the truth.

The opposing attorney may ask questions of you that call for incomplete answers or answers that are out of context. It may be necessary for you to ask the attorney to repeat the question in a way that you understand or that will allow you to explain some piece of information in greater detail. You cannot control any of this, and you should not be disturbed by this process. The opposing attorney is looking for possible lies or inconsistencies in your testimony. If you are well prepared and listen carefully to the questions, you can offer concise and truthful answers and, if necessary, be able to explain any questions later in court.

Only an unscrupulous attorney would ask you to perjure yourself. Remember, you know what the truth is. If someone asks you to present information in your testimony that is contradictory to the truth, tell them no. Perjury is a crime, and you are the one who could be punished, not the attorney. Fortunately, the vast majorities of attorneys are fair and honorable and would not make such a request.

Get to know the turf. It is often helpful to visit the courtroom in advance of the trial. See where the witness stand is, the jury box, the judge’s bench, and where the prosecutors or plaintiff’s attorney and defendant’s attorney are situated.

If you have never testified before, it is a good idea to sit in on a trial as a spectator. This gives you the opportunity to see how witnesses perform. Identify the things that they do well and those which they do not do well. Remember that, other than the judge and attorneys, who are at home, the courtroom is a foreign environment to most people. The more familiar you can become with it, the less foreign it will be when you are sitting in the witness stand. A call to your municipal clerk of courts will tell you on what days trials are scheduled.

Remember, when you are sitting in on a trial, it is usually a very tedious process. It is not at all like the television image of Perry Mason asking the $64,000 question and the witness blurting out a confession. In fact, most cases never even get to trial. However, each attorney must be prepared as though it will.

If you are required to wear a uniform while on duty, then you will likely wear one when you go to court. Make sure that it is clean and pressed. All badges, brass, insignias, and other parts of the uniform should be neat, shined, and in good repair. Shoes should be shined; hair and beard should be neatly groomed. If you are not on duty or do not wear a uniform, wear a dark suit with a white shirt and matching tie. Women should consider a dark business suit or dress, with a clean and pressed blouse; shoes should be shined and, if worn, jewelry and makeup should not be distracting. Remember that while it is important to look clean and well groomed, you never want your listener(s) to be distracted from what you are saying by what you are wearing. Always sit up straight, but in a comfortable and relaxed manner. You want o convey that what you have to say is as important to you as it is to the people to whom you are speaking.

When testifying in an administrative hearing or deposition, answer the questions directly. Look at the questioner, but do not stare into his eyes. Sometimes direct eye contact, especially during testimony, can be intimidating. To look away can convey to the listener a sense that you are being distant, disinterested, or even deceptive. A comfortable posture is to look at the questioner’s forehead, mouth, or some other spot on the face. This conveys a sense of interest without being intimidating or confrontation. Your goal is to be informative and cooperative.

When testifying in court, look at the questioner while the question is being asked. When it is time to respond, turn to the jury. A good posture is to make eye contact with each of the jurors, moving from one to the other. When you have completed your answer, turn back to the attorney who is asking the questions in preparation for the next question. A jury is the group for whom your testimony is intended. They are the ones who will decide on the value of your credibility and weigh it against that of other witnesses and evidence.