December 21, 2014

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December 19, 2014

Eight Simple Rules for Testifying as a Witness

At one point or another in their career, every human resources manager will be required to testify as a witness, whether it be in a deposition, arbitration, unemployment or worker’s compensation hearing, or trial. These situations are stressful and unpleasant. To calm your nerves and present yourself as an effective witness, apply the following rules:

1. Before testifying, review all of the facts/details so that you know them “cold.” The devil is in the details.

2. Listen to the question asked. Really listen.

3. Answer only the question asked. Do not ramble on or go beyond the scope of the question. For example, if the question is “Do you know John Smith?”, the answer is “Yes.” It is not “Yes, he is a co-worker of mine.” Although that may be true, you were not asked that question. Get into the mindset of only answering the question presented.

4. Tell the truth. You likely have been sworn in under oath. Lying will destroy your case, and you could face a perjury charge.

5. Do not guess, assume or speculate regarding anything. Don’t say things like “I probably said…”

6. If you truly don’t know or can’t recall the answer, say you “don’t know” or “can’t recall.”

7. If your attorney objects to the question, immediately stop talking. Do not answer unless further instructed to do so.

8. Do not argue with the questioner, or answer the question with a question. Keep calm.

There are many other tips and strategies an individual can employ to be an effective witness. Simply following these 8 rules will make you a stronger, more credible witness than most, and get you off the hot seat quicker.

© MICHAEL BEST & FRIEDRICH LLP

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About this Author

Mitchell W. Quick Michael Best Friedrich LLP
Partner

Mitch Quick is a partner whose practice includes all aspects of management labor and employment law, with an emphasis on employment discrimination litigation, wrongful discharge, and wage and hour law issues. He has represented large and small manufacturing facilities, dairy cooperatives, hospitals, financial institutions, nursing homes and county and municipal employers. He is co-author of Michael Best & Friedrich’s “Guide to the Fair Labor Standards Act” and editor of the Firm’s “Wage and Hour Question of the Month.”

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