Testifying Part 2 – Don’t Be a Jerk in Court

Original article: January 17, 2017 | By Sweta Tejpal | Reviewed and updated October 7, 2026

Courtroom testimony is not a performance or a contest in likeability. The aim is to provide truthful, accurate evidence that the judge or jury can understand. Respectful communication helps that process. Rudeness does not establish guilt, and a polished presentation does not establish truth.

Truth comes first

Preparation should help you understand the process and identify what you actually remember. It must not create a rehearsed account that replaces your own recollection. Tell your lawyer about gaps, inconsistencies and mistakes before trial, even if they seem embarrassing or unhelpful.

Listen, pause and answer the question

Disagreement is not a reason to argue

Cross-examination may be firm, repetitive or uncomfortable. You can disagree with a suggestion without insulting the questioner or another witness. Avoid sarcasm, interruptions and speeches about the other side’s motives. The point is to give your evidence, not win an exchange with the lawyer.

Nervousness, disability, language differences or an unfamiliar courtroom can affect how someone speaks. Do not assume that hesitation proves dishonesty or confidence proves accuracy. Discuss interpretation or accommodation needs with counsel early so that the appropriate request can be made to the court.

Follow the court’s directions

The Ontario Superior Court’s guide to the steps in a criminal case describes giving evidence under oath or affirmation, the parties’ questioning and courtroom procedure. Ask counsel how any notes, documents or recordings may be used; do not assume that you can simply read a prepared statement. Follow any witness-exclusion order and directions about discussing testimony.

For a remote appearance, confirm the court’s instructions in advance and test your equipment. Do not obtain answers or prompts from another person while testifying. Tell the court if you cannot hear or if the connection fails rather than answering a question you missed.

Prepare to be understood, not to be liked

A useful preparation session reviews the process, likely areas of questioning and how to communicate your own recollection clearly. It does not promise an acquittal or teach a witness to disguise uncertainty. Decide whether to testify with counsel first; then prepare to give evidence honestly and calmly.

Continue the Testifying series

Related guidance

For advice about your circumstances, contact our office. This article provides general information, not legal advice.