If you are involved in a family law matter in Ohio, you may be required to give testimony at some point during your case. Giving testimony — or “testifying” — means presenting the court with information: facts, events, reasons, and explanations that help the court make decisions from a place of knowledge and fairness. Even though testimony forms the backbone of a strong case, anticipating it can be deeply stressful. The spotlight is on you, the pressure to speak truthfully is real, and your honesty (and even your understanding of your own life) will be examined. Yet the same moment that feels intimidating also holds opportunity. Testimony is nothing more than a structured conversation that allows the court to see you, understand you, and learn what makes sense to you. With the right preparation, calm honesty, and steady composure, you can ensure that your story is both heard and believed..You will be asked questions under oath and be required to answer truthfully.
Family law testimony can take place at a hearing or trial in court, or at a deposition outside of court. The statements you provide will be recorded, either on audio tape or by a court reporter, and can later be transcribed and incorporated into a written memorandum or decision. While many people often get nervous about testifying, being informed about what to expect can help you prepare for your deposition or in-court testimony. The following testimony tips will help you navigate the testimony process successfully.
1. Always Tell the Truth
One of the most important testimony tips is straightforward: tell the truth. Never exaggerate or feel tempted to lie because you think a truthful answer might harm your case. The truth will never hurt you—but lies will inevitably catch up with you during legal proceedings.
Importantly, truthfulness means more than simply avoiding lies. It means testifying to the best of your ability to recall, being as accurate as possible. When you tell the truth consistently, opposing counsel cannot trip you up by asking about events out of sequence, in the negative, or from different angles. Only those who lie must carefully track what they’ve said to ensure consistency. Those who tell the truth at all times have no such burden.
2. Understand the Question Before Answering
Whether at a deposition or on the stand at trial, listen carefully to each question and make sure you understand what is being asked before responding. Do not begin answering until the entire question is asked. If you did not hear every word, ask that it be repeated. If you do not understand the question, request that it be phrased differently. This testimony tip is crucial for providing accurate testimony during your deposition or hearing.
3. Take Your Time Before Giving an Answer
Never rush to answer a question. Give each question the thought it deserves before speaking. Do not feel pressured to provide a quick answer without thinking it through first. The written transcript only reflects your answers—not the time that elapsed between the question and your response. During your deposition or trial testimony, silence can be your ally. This deposition tip helps you provide thoughtful, accurate responses rather than impulsive statements.
4. If Your Lawyer Objects to the Question, Stop Talking
Your lawyer is there to protect you during your testimony. If they object to the question you are asked, stop speaking immediately. The hearing officer – either a judge or magistrate – will then either overrule or sustain the objection. If the objection is “sustained,” do not answer, and await the next question. If the objection is “overruled,” you must answer the question. If you don’t remember what was asked, you may request that it be repeated. This testimony tip is essential for working effectively with your family law attorney.
5. Answer the Question Asked! Do Not Volunteer Additional Information
One of the most crucial testimony tips is this: do not volunteer additional information. When questioned by anyone other than your lawyer, provide only what is asked—do not offer unrequested information or assist the questioner. Do not elaborate on your answers. Additionally, embrace silence. The opposing counsel may be formulating the next question, so resist the urge to fill pauses with unnecessary words. This testimony tip prevents you from inadvertently damaging your case.
6. Beware of Compound Questions
If opposing counsel asks two or more questions at once, answer only one question at a time. Multi-part questions can be confusing during testimony, and you may request that questions be asked one at a time.
Additionally, if you are asked the same question more than once and your original answer was accurate, stick to that answer, regardless of whether you are challenged. Do not allow opposing counsel to undermine your confidence in the truth you are speaking. This testimony tip helps you maintain credibility throughout your deposition or trial testimony.
7. Give Only the Information Readily Available to You
If you do not know the answer to a question, do not guess or estimate, no matter how much opposing counsel might press you for a more definitive response or invite you to speculate on the answer. Simply state that you do not know the answer to their question. Testify only to your current ability to recall the information. If you knew the answer in the past but do not remember now, say so. Do not promise to get information unless your own attorney advises it.
You also should not search your pockets, briefcase, or papers for information. You can say “I am unclear about that” or “I would need to verify that before answering that question,” but do not offer to follow up with opposing counsel. Simply answer to the best of your ability at the moment. If you are shown documents, always take your time and read them carefully before making any statement about them. This deposition tip ensures your testimony remains truthful and reliable.
8. Be Certain of Your Answers
Avoid words and phrases such as “maybe,” “I guess,” and “kind of” because they undermine your credibility and suggest uncertainty. Similarly, do not use phrases like “to tell you the truth” or “in actuality,” as they imply that your previous statements were not truthful or accurate. If you realize that an answer you gave was incorrect, correct it immediately. This testimony tip protects your credibility throughout your deposition and trial.
9. Be Straightforward, Clear, and Concise
Among the essential testimony tips you will hear from your lawyer is: be straightforward. Do not answer a question with a question. Remain attentive, polite, impersonal, and calm. Show respect, especially to the hearing officer. Do not be overly familiar with opposing counsel, whether on or off the record. Avoid joking or making wisecracks—humor will not appear in the written transcript that is the official record of your testimony and can damage your credibility.
10. Do Not Argue with Opposing Counsel
Do not argue or become angry when questioned. No matter how hard you are pressed, maintain your composure. Anger clouds judgment and may cause you to say things you do not intend. If opposing counsel raises their voice, do not respond in kind. This testimony tip helps you preserve your credibility and your case.
11. Managing Nervousness
Manage your nervousness by monitoring your temper and tone. If needed, breathe deeply and pause to regain your composure. Do not hesitate to request a break. Be mindful of your facial expressions and body language. Although these details will not appear in the transcript, sitting upright helps you focus and project confidence. Speak calmly but firmly. Avoid frowning, clenching your fists, or crossing your arms defensively. These testimony tips help you present yourself effectively during your deposition or trial.
12. Understanding the Deposition’s Role
Your deposition will influence the other side’s decision to settle or proceed to trial. Importantly, the deposition is often the only opportunity opposing counsel will have to assess your credibility before trial. Answer all questions honestly and directly so that the other lawyer will be impressed with your honesty and the impact it will have with the judge. Your straightforward testimony may persuade the opposing party to settle favorably. Be mindful of everything you say—if your trial testimony differs from your deposition testimony, the judge will question your credibility and the strength of your case. This deposition tip underscores the importance of consistent, truthful testimony throughout your case.
13. Preparing to Testify
Meeting with your attorney before your deposition or evidentiary hearing is essential. However, it’s important to strike the right balance—you should be prepared without “rehearsing” scripted answers. Over-preparation poses a genuine risk to your credibility, as responses that sound “canned” or prefabricated can undermine your testimony. In reality, memorizing facts is unnecessary. These are the details of your own life, and you already know the intimate facts and details you will be asked about in testimony. If needed, your attorney can supplement your testimony with documents to address any gaps or provide additional context in re-direct examination.
Contact Experienced Ohio Divorce and Family Law Attorneys
If you are involved in a family law matter in Ohio and need help preparing for your deposition or trial testimony, these testimony tips are intended to provide a brief overview of what to expect when testifying. It is not intended to be construed as legal advice for your particular situation. It is only meant to assist you with understanding the testimony process. Ohio family lawyer Melissa Graham-Hurd understands the challenges of giving testimony and can help prepare you for your deposition or trial. Contact Melissa Graham-Hurd and Associates, LLC today to schedule a consultation and learn how we can help you successfully navigate your family law case.
