Tips & Tactics

Who Can Testify?

The first test of testimony is competence.

Does the witness know what he or she is talking about ... or is the testimony second-hand?

A lawyer, for example, should never be allowed to testify, unless he knows the facts first-hand. If a lawyer in your case begins to recite facts of the case, object.

Shut him up!

"Counsel lacks competence to testify as to that matter, unless he has first-hand knowledge."

If the court insists on allowing a lawyer to recite facts that are not his own personal knowledge, renew your objection, saying, "If the court is going to allow counsel to testify, I move the court to put the lawyer under oath and allow me to cross-examine him."

Otherwise your right to due process is being compromised.

The first test of testimony is competence.

The only facts a witness can possibly know for certain are those he experiences with his own five senses: sight, hearing, touch, taste, and smell. If he didn't get the information from one of these, he doesn't know first-hand ... and he is not competent to testify.

There are exceptions, and you should learn what they are by using our 2-day step-by-step lawsuit self-help course.

Lawyers are never one of the exceptions.

If a witness begins to testify as to matters beyond his own first-hand knowledge, object and shut him up!

If counsel on the other side asks a witness questions that exceed the personal knowledge of the witness, object ... and shut him up!

"Objection. Competence. Witness has no first-hand knowledge and is, therefore, incompetent to testify."

When battling enemies in court, why give an advantage to the other side by allowing unqualified witnesses to testify?

Jurisdictionary's 2-day step-by-step lawsuit self-help course explains this and much more so you can shut them up!

Jurisdictionary students don't let inadmissible evidence in!

Make your winning record by excluding incompetent testimony!

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