ABSTRACT
It is important to look, sound, and act like an expert. You should convince the jury that you are a professional and eective expert witness, a knowledgeable, experienced toxicologist, and a scientist. Before coming to the trial, study the documents and refresh your memory. Remember that the United States is composed of many dierent ethnic and cultural backgrounds. People may speak English with dierent accents. Speak slowly but make sure that the jury, the judge, and the attorneys understand you. Sometimes you may need to spell out the technical terms for the court reporter. Speak in your own words. As an expert witness, you are establishing your credibility from the moment you stand up and proceed to the witness box. State your name slowly and clearly. If necessary, spell out your name. You might have to state your past and present employment and the duties you perform. You might have to state your professional experience that designates you as an expert witness. Look directly at the counsel when you are asked a question. When you answer the question, you may speak to the jury. If you are using technical terms, try to explain in nonprofessional terms what the technical jargon means. Remember you are sworn to tell the truth and express your opinion based on scientiˆc facts published in the scientiˆc literature. Never exaggerate, listen carefully to the questions asked by the attorneys, and make sure you understand the questions before answering. ink before you speak and explain your answer. Correct your mistakes immediately. Do not volunteer information. Answer only the question that was asked. Dress properly to maintain the dignity of the court and to re¯ect your professionalism. Stop speaking if counsel has raised objections to a question or if the judge interrupts you. Do not discuss the case with anyone except with the attorney who hired you as an expert witness. Do not discuss your testimony with anyone. It is important to ˆnd out whom the other side is going to use as an expert witness. If possible, get the opposing counsel’s toxicology report from your attorney. It is important to review this report before trial and anticipate questions from the lawyer representing the other side. Sometimes you are sequestered and have to wait outside the courtroom until you are called inside. Find out the time, date, and courtroom you have to go to and the judge who is going to be at the trial. Be respectful and courteous. Address the judge as “Your Honor.” Address the lawyers as “Sir” or “Ma’am.” Try to keep the interest of the jurors in what you are saying and keep them focused on every word you say. Your body language and gestures can be persuasive. Your posture, how you sit in the witness chair, and how you speak are all important. is is particularly important during cross-examination by an aggressive attorney. Aªer your testimony is over, wait until you are excused from the witness stand. Make sure that your testimony is over and you will not be called in
again before you leave the courtroom. Generally, the attorney who hired you pays your fees before the trial or he or she may mail you a check later.
