Testifying - Simple Tecniques to Master Success at the CCMA or Court

By Kavita Kooverjee, SchoemanLaw Inc

So you have been chosen to follow legal proceedings with regards to a matter. Whether it be a civil, criminal, labour or small claims court matter, you have followed the proper “paper” legal route, and now the daunting fact has reached you, you will need to testify, you will need to defend your truth.  

Having cold feet is pretty common for people having to testify, but be rest assured; below are some simple techniques to dealing with having to defend your version.

Firstly, note that you will be asked to take an oath to present only the truth in the proceeding before any testimony. So with that being said, the first step would be:

 

Refresh Your Memory

Think back to the incident, go through the evidence you have submitted for your claim or event. Read up on old emails, get yourself emerged in the disputed event. Re-run the events in your head. It is common practice to bring notes to help you with your testimony.

Tell The Truth

Speak of that which you know. Don’t try to assess whether facts will help or prejudice your case. Speak your truth; speak of every true fact relevant to your proceedings. Speak in your own words, don’t try to sound like someone else. Simply put: “Be yourself.”

Listen Carefully To The Questions

When asked a question, listen carefully; think about your response before you answer the question. This will assist you in avoiding confusion and help you to stick to the truthful facts of the matter.

Do Not Get Angry

Any “good” attorney from the opposing side will ask you questions to engage you into saying things to support their case, and they may proceed to make you angry in the hope that you will blurt out something which aids their case. For this reason, I always instruct my clients to try their best to remain calm during the proceedings.

Correct Your Mistakes

If you feel you made a mistake while answering or you feel your answer was not clear enough, correct it at the very first instance. Explain yourself, It is understood how stressful it is to testify, so clear it up as soon as you can.

Conclusion

So in conclusion, keep it simple, stick to the facts, speak your truth and remain calm.

If you have any further questions, give one of our experienced attorneys at SchoemanLaw Inc https://www.schoemanlaw.co.za/  a call.

We ever offer a free ten minute consult, covering a vast array of legal topics.