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From the Doghouse to the Courthouse: Tips on Effective Courtroom Testimony

From the Doghouse to the Courthouse: Tips on Effective Courtroom Testimony. The Subpoena. What Does This Mean?. A case has been set for trial or motions The person listed on the subpoena is required to appear before the court on the date and time specified. What Is Expected?.

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From the Doghouse to the Courthouse: Tips on Effective Courtroom Testimony

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  1. From the Doghouse to the Courthouse: Tips on Effective Courtroom Testimony Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  2. The Subpoena Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  3. What Does This Mean? • A case has been set for trial or motions • The person listed on the subpoena is required to appear before the court on the date and time specified Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  4. What Is Expected? • That you are present in court on the specified date • You are not released from your duties under the subpoena until the final outcome of the case or the case is rescheduled • If your trial gets rolled day to day, you are still responsible for coming to court Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  5. What will happen if I Do Not Show Up for Court? • The court can issue a fine • The court can “attach” you to the case • Attachment: The judge will order a police officer to bring the witness before the court Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  6. What Do I Do Now? • Obtain a copy of your report • Read over your report to refresh your memory on this particular case • Contact the Assistant District Attorney (ADA) handling the case to let them know that you have received the subpoena • Let the ADA know if you have any conflicts with the trial date Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  7. Prior Preparation Prevents Poor Performance • Read and re-read your offense report • Bring a clean copy of the entire report with you to court • Meet with the prosecutor • Determine the issues • Go over questions that you may be asked • Discuss exhibits and how they will be entered into evidence • Inform the prosecutor of any other facts that may not be in the report Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  8. Courtroom Proceedings The Trial Lottery Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  9. Courtroom Proceedings Tee It Up Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  10. Courtroom Proceedings Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  11. Courtroom Proceedings • Jury Selection • Voir Dire • Each side makes strikes • Jury is seated • Prosecutor makes opening statement • Defense attorney makes or reserves his/her opening statement until their case starts • Prosecutor presents his/her case – Calls witnesses and presents evidence • Prosecutor Direct Examination • Defense Cross Examination • Prosecutor Re-Direct • Defense Re-Cross Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  12. Courtroom Proceedings • State Rests • Defense attorney may make a motion for a directed verdict • Defense may or may not put on a case • Prosecutor makes a closing argument • Defense counsel makes a closing argument • Prosecutor gets the last word • Judge instructs the jury as to the law • Jury Deliberates • Verdict • Punishment Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  13. The Rule • Rule 614 of the Texas Rules of Evidence • At the request of the prosecutor, the defense attorney, or the court itself, the judge can order witnesses to remain outside of the courtroom unless they are testifying • Witnesses may not discuss their testimony with other witnesses Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  14. The Waiting Game Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  15. Appearance in Court Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  16. Taking the Stand • No Gum! • Enter the courtroom confidently • Go Directly to the witness stand • If you were not sworn in before the trial, you will be sworn in at this point • Take a seat and adjust your microphone • Relax Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  17. Testimony • Listen to the question being asked • Speak loudly and clearly so that the jury can hear you and the court reporter can take down your words • Speak your responses – remember the court reporter has to be able to write down everything that you say • Do not fidget • Do not apologize Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  18. Testimony • Give the facts • Be confident in your answers • Use words that can be understood by the jury • Paint a picture • Look at the jury whenever appropriate • Maintain your composure Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  19. Direct Examination • Purpose • Preliminary Questions: • Please introduce yourself to the jury. • What is your occupation? • How long have you been employed at your current job? • What kind of training and education did you receive before you started in this position? • What are your current job duties? • Pass the Witness Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  20. Cross Examination Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  21. Cross Examination • Think before you speak • Beware of traps • “Did you talk to the prosecutor before your testimony today?” • Understand the question fully, answer it correctly, and ensure the answer is understood by the judge and jury • Keep your emotions out of your answers • Stay cool, calm and collected • Do not shut down Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  22. Re-Direct and Re-Cross • Re-Direct • Occurs after cross examination • Used to clarify testimony given in cross examination • Not mandatory • Re-Cross • Occurs after re-direct • Used to clarify what has already been testified to • The introduction of new material is not allowed Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  23. Objections • Can be made by either side at any time during testimony • Stop talking and wait for the judge to give his/her ruling • The judge SUSTAINS the objection • Stop talking and wait for the next question • The judge OVERRULES the objection • Answer the question that was asked • You may ask for the question to be repeated Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  24. May This Witness Step Down? • Leave the witness stand with confidence • Once you have finished your testimony, you must wait outside of the courtroom unless you have been excused by the judge • The defense may call you as a witness when they put on their case • You may be needed to testify in punishment Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

  25. The Animals, Citizens and Prosecutors Thank You Harris County District Attorney's Office ● Animal Cruelty Section 1201 Franklin, Suite 600 ● Houston, Texas 77002-1923 Collier_jamie@dao.hctx.net ● 713-755-0184

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