If you are involved in an examination for discovery, the initial step is to be mentally prepared because the proceedings may be intimidating and at times confusing. The best way is to educate yourself about the legal matter and always stick to the facts regardless of how the case might be presented to you. Here are a few practices to observe in the context of courtroom reporting.

  1. Preparation is Key – Presenting yourself as a witness can sometimes be very challenging, as you can influence the direction of the case. Be factual and present yourself in a conservative manner, even with your choice of clothing and colours.
  2. Understanding the Context –. Always ask a lawyer to repeat a question you may not have understood the first time. Be as attentive as possible when they ask you for answers and whatever you do, never guess the context. Structure your replies accordingly.
  3. Remain Honest and Consistent – During an examination for discovery always be mindful of the fact that as a witness, it is best to remain completely honest and if you are unsure of what is being asked, simply ask for clarification. You may also want to bear in mind that what you say is recorded verbatim, and you will have to give an account in the very same manner if needed at another time.
  4. Stay Calm and Collected – To speak under oath is certainly a stressful situation and there may be times when you will mistakenly say something deemed unnecessary. In those instances, keep in mind that it is the opposing lawyer’s job to present an argument – it is not yours to argue.
  5. Take A Break – The moment you feel that partaking in the examination of discovery is somewhat draining, feel free to request a break – Your lawyer will understand and it gives you some time to gather your thoughts.

Many cases settle before trial and the examination process may be the only occasion wherein you meet the opposing lawyer. That being said, keep in mind the calmer you remain and the more truthful you appear, the easier the examination process will be . – The worst mistake you can make is not telling the truth!

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