What Mistakes Do People Make While Testifying?


When you are entering a courtroom, you can become overwhelmed with the formalities and the emotion of the trial that lies ahead that will determine the course of not only your future but also the future of your family. These overwhelming feelings and nerves can become even more apparent if you must take the stand to testify in your divorce trial. Therefore, it is not uncommon for individuals to make mistakes while testifying. Your Florida Divorce Attorney will be able to provide you with the common mistakes made as well as tips to encourage you when preparing for your trial testimony.

Failure to properly prepare for your testimony with your Florida Divorce Attorney is a common mistake for many individuals. Although your testimony is not fabricated and is based upon facts and your personal knowledge, it is important to prep with your attorney the questions you will be asked and your responses. This will allow you to take proper care in noting the specific facts necessary to draw the court’s attention to in your responses. You are called to the stand for a purpose and it is important to provide the court with the evidence and facts that you are called upon to provide.

Another common mistake individuals make is speaking too soon. When you are on the stand, it is important to carefully listen to the question you are being asked and wait until the attorney completes their question before answering. You are under no time constraints when answering a question. You are allowed to take a second to determine a proper and educated response to any question presented. Failure to listen to a question and speak before thinking through your answer, may provide the court with unnecessary information not pertinent to the case, or information that may be detrimental. Further, interrupting an attorney who is asking a question can be seen as rude and disruptive, reflecting poorly on your character.

Finally, it is important not to guess when answering a question under oath. If you do not understand the question being asked, you are allowed to answer with stating your misunderstanding, and the attorney can reformulate the question for you. If you do understand the question but are unsure of the correct answer, do not guess. If you guess and are wrong, you may be presenting lies to the court and this could destroy your truthful nature before the court, or the information may provide the court with improper evidence to make their determination on. If you do not recall an answer, it is ok to state that you do not recall, but it is important not to guess on your response.

If you are involved in a divorce proceeding and are going to be testifying before the court, it is important to ensure you know the common mistakes that occur when testifying and how to avoid them. Your Florida Divorce Attorney will be able to aid you in your preparation and be able to assist you in your testimony even if you do make a mistake. We will always properly fight and protect your rights throughout your trial.

Speaking to an attorney at our Florida office is free of charge, and we accept calls 24 hours a day, 7 days a week. Contact us at 850-307-5211 or complete an online contact form to get in touch with a member of our team today.

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