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Entering the witness stand required rigorous preparation, and the defense counsel gave me much information regarding my behavior during direct examination, redirect, discovery, and entering of exhibits.
Before my appearance on the stand, defense counsel gave me questions in various formats—leading questions to which I already knew the answer. We used role-play, to prepare for opposing counsel's possible questions. The questions required that the main points from testing be explained to the jury. I was asked for my professional opinion, in order to render conclusions in this applied situation.
The defense counsel noted that the judge could ask additional clarifying questions. My interpretation of test data was to be legally—rather than medically or educationally—based. I learned that drawing or charting answers is allowed and perhaps necessary to clarify concepts to the jury.
In addition, I learned that an expert witness may be asked to turn files and documents over to opposing counsel. Opposing counsel has the legal right to all information from testing before trial. If I withheld information, I could be impeached as a witness and/or there could be grounds for a mistrial.
I also was prepared for the following prosecutorial tactics.
Opposing counsel may:
- ask leading and non-leading questions
- try to impeach a witness (It is important to remember that qualifications and experience speak for the witness. Opposing counsel may ask questions regarding research from other experts in the area of expertise.)
- misinterpret answers and feign confusion as to how a witness arrived at conclusions.
- use intimidating body language, gestures, glances, and voice quality
- use sarcasm (It is up to the court to warn opposing counsel of prosecutorial misconduct and ask that the questioning be re-directed.)
- not argue, but does have the right to ask for clarification
- ask several questions in a row without waiting for answers and may interrupt frequently during testimony and ask additional questions during responses
Defense counsel may object regarding opposing counsel's line of questioning. The witness must wait for the court to rule on each objection before continuing. Finally, I was told to remember to sit in a comfortable, relaxed position and make frequent eye contact with the jurors.
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