Testifying in Administrative and Criminal Proceedings

National Certified Investigator & Inspector Training Basic Program

<Instructor Name>
<Agency>
Session Introduction
Learning Objectives

 Upon completion of the session, you will be able

to:

 Define the role of the prosecutor or administrative

legal representative during a hearing
 Define the role of the defense attorney during a
hearing
 Define the role of the witness during a hearing
Learning Objectives

 Upon completion of the session, you will be able

to:

 Identify the first rule of testifying

 Recognize that preparation begins with a proper
investigation and report
 Illustrate the components of preparation for delivering
testimony
Session Map

Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony
Avoid Landmines
Testifying as an
Investigator
Critical Component of Investigator Testifying in Administrative
Proceedings

Duties Testifying as an Investigator

Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Ability to relate what occurred during an

Avoid Landmines

investigation
 Investigator’s professional qualities placed under
scrutiny
 Evidence gathering
 Report writing
 Past case work
 Common Uses of
Investigator Testimony
Common Uses of Investigator Testifying in Administrative
Proceedings

Testimony Testifying as an Investigator

Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Investigator as a main witness summarizing

Avoid Landmines

evidence
 Investigator as impeachment witness
 Investigator introducing testimony on specific
exhibits, statements made to them, or other
specific investigative results
When and Why do You
Testify?
Depositions
Definition of a Deposition
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Form of discovery
Avoid Landmines

 Typically takes place outside a courtroom

 The judge is not present for a deposition
 Attendees include:
 Witness to be deposed
 Counsel for both parties
 Witness to the proceedings
Components of a Deposition
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Witness placed under oath

Avoid Landmines

 Counsel asks questions

 Objections by opposing counsel allowed
 Preserves the issue for later review
 Witness must still answer question unless protected by
privilege
 Longer than a hearing and covers more material
 Recorded by court reporter, or video
Takeaway Concept
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony
Avoid Landmines

A deposition is not a practice run for the hearing –

it can control the outcome of the case. Prepare for a
deposition the same way that you prepare for a
hearing.
Hearings
Definition of a Hearing
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Presents evidence to the finder of fact

Avoid Landmines

 Evidentiary hearings are similar to civil trials

 Most hearings open to the public
 Sequestration order possible
Key Participants
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Board Attorney
Avoid Landmines

 Attorney for Regulant/Licensee

 Presiding Officer
Components of a Hearing
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Direct Examination
Avoid Landmines

 Questions asked by counsel who places witness on the

stand
 Counsel asks non-leading questions
 Cross Examination
 Questions asked by opposing counsel
 Allowed to use leading questions
 Limited to topics introduced during direct examination
and credibility issues allowed by law
Components of a Hearing
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Re-direct
Avoid Landmines

 Allows original counsel opportunity to follow up on

testimony offered during cross examination
 Allows witness to clarify statements and complete
answers otherwise not permitted during cross
examination
Video: True Grit
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Video Length: 6 minutes

Avoid Landmines

 Video Content: Direct and Cross Examination of

Marshal Rooster Cogburn
Video: My Cousin Vinnie
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Video Length: 20 Minutes

Avoid Landmines

 Video Content:
 Opening statements
 Direct examination and redirect of three key
eyewitnesses
 Expert witness testimony
Prepare for a Hearing
Understand Your Role
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Project confidence without overconfidence

Avoid Landmines

 Be the most credible witness to testify

 Be objective
 Be impartial
 Tell the truth
Prepare to Meet Goals of Testifying
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Know the charges filed

Avoid Landmines

 Know the evidence collected

 Know the statements made to you relevant to
charges
Professional Dress and Demeanor
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Business Dress attire

Avoid Landmines

 Proper posture
 Appropriate mannerisms/gestures
Evaluate Your Performance
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 How do you think you did?

Avoid Landmines

 How does counsel think you did?

 Is there room for improvement for next time?
Best Witness Testimony
Skills for Witness Testimony
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Listening skills
Avoid Landmines

 Speaking skills
 Professional attitude
 Attention to detail
 Scrupulous honesty
Rules for Witness Testimony
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Prepare yourself mentally and physically

Avoid Landmines

 Document with notes and a report

 Review notes/report
 Meet or talk with prosecutor, attorney, or hearing
officer
 Always be objective
Present Testimony Truthfully and Testifying in Administrative
Proceedings

Effectively Testifying as an Investigator

Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Answer truthfully
Avoid Landmines

 Answer only the questions asked, do not volunteer

information
 Pause and think before answering
 Clarify any unclear questions
Present Testimony Truthfully and Testifying in Administrative
Proceedings

Effectively Testifying as an Investigator

Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Admit lack of knowledge

Avoid Landmines

 Give the best present recollection of the facts

 Testify spontaneously
 Do not memorize testimony
 Speak in plain, everyday language
Create a Favorable Impression
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Stay calm
Avoid Landmines

 Dress conservatively and pay attention to your

appearance
 Tell your attorney about physical disabilities
 Avoid nervous gestures; make eye contact
 Avoid discourteous or disrespectful behaviour
 Observe courtroom etiquette
Come to Court Prepared
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Review the facts

Avoid Landmines

 Review documents
 Review prior statements
 Approximate times and distances
 Revisit the scene
Good Courtroom Demeanor
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony
Avoid Landmines

 Direct attention to counsel while he/she is asking

you questions.
 Direct answers to either the judge, jury or hearing
officer.
 Speak loudly and clearly enough to be heard
throughout the courtroom/hearing room.
 The answers should be as clear and concise as
possible.
Good Courtroom Demeanor
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony
Avoid Landmines

 Be fair and impartial in testifying.

 Do not avoid a question or distort an answer.
 Do not hesitate to correct any honest mistake you
made while testifying.
 If asked to turn your notes over to counsel for
examination, do not hesitate to do so. It is better
not to have notes with you on the stand.
Good Courtroom Demeanor
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony
Avoid Landmines

 Show equal respect for counsel of both parties.

 Expect reflections on your character and credibility
and do not let them bother you.
 Opposing counsel may try to cause you to lose
your temper. Do not let this happen.
 You are only a witness and not on trial.
Avoid Landmines
Landmines of Testimony
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Taking cross examination personally

Avoid Landmines

 Misunderstanding the role of cross examination

 Fighting or arguing with counsel
 Failing to think before you speak
 Answering more than was asked
Common Hearing/Courtroom
Objections
Objections to Content of the Question
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Ambiguous
Avoid Landmines

 Hearsay
 Incompetence
 Irrelevance/Immaterial
 Speculative
Objections to Form of the Question
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Leading
Avoid Landmines

 Misstating the evidence

Objections to Inadequate/Unresponsive Testifying in Administrative
Proceedings

Answer Testifying as an Investigator

Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Unsatisfactory
Avoid Landmines

 Inadequate
 Unresponsive
Objections to Lawyer Conduct
Testifying in Administrative
Proceedings
Testifying as an Investigator
Common Uses of Investigator Testimony
When and Why do You Testify?
Prepare for a Hearing
Best Witness Testimony

 Arguing
Avoid Landmines

 Repeating questions
 Embarrassing the witness
Session Review
Knowledge Check

An investigator who makes a mistake during

testimony should:

A. Keep silent and not admit the error

B. Correct the mistake only if it benefits the agency
C. Admit the error to ensure the record is correct
Knowledge Check

All of the following are elements of good witness

testimony except:

 Discerning what the judge/jury wants to hear

 Professional attitude, appearance and demeanor
 Attention to detail and honesty
 Listening and speaking skills
Learning Objectives Review

 You should now be able to:

 Define the role of the prosecutor or administrative

legal representative during a hearing
 Define the role of the defense attorney during a
hearing
 Define the role of the witness during a hearing
Learning Objectives Review

 You should now be able to:

 Identify the first rule of testifying

 Recognize that preparation begins with a proper
investigation and report
 Illustrate the components of preparation for delivering
testimony
Questions
Session Evaluation
In general, this instructor:

A. Is Unacceptable
B. Needs Improvement
C. Is Good
D. Is Very Good
E. Is Excellent
The style of delivery:

A. Is Unacceptable
B. Needs Improvement
C. Is Good
D. Is Very Good
E. Is Excellent
The content:

A. Is Unacceptable
B. Needs Improvement
C. Is Good
D. Is Very Good
E. Is Excellent
The amount of material covered:

A. Is Unacceptable
B. Needs Improvement
C. Is Good
D. Is Very Good
E. Is Excellent
The usefulness of this session:

A. Is Unacceptable
B. Needs Improvement
C. Is Good
D. Is Very Good
E. Is Excellent
Course Evaluation
In general, this program:

A. Is Unacceptable
B. Needs Improvement
C. Is Good
D. Is Very Good
E. Is Excellent
The amount of material covered:

A. Is Unacceptable
B. Needs Improvement
C. Is Good
D. Is Very Good
E. Is Excellent
The usefulness of this program:

A. Is Unacceptable
B. Needs Improvement
C. Is Good
D. Is Very Good
E. Is Excellent
The amount of time set aside for discussion:

A. Is Unacceptable
B. Needs Improvement
C. Is Good
D. Is Very Good
E. Is Excellent
The utilization of I<Clicker to enhance the program
experience:

A. Is Unacceptable
B. Needs Improvement
C. Is Good
D. Is Very Good
E. Is Excellent
I would attend other courses of this type.

A. Yes
B. No
I would be interested in intensive training in a
particular area.

A. Yes
B. No
Looking at the notes you have made in your binder,
is the space provided:

A. Too Little
 I ran out of space when making notes

B. About Right
 I used all/most of the space provided

C. Too much
 I didn’t require this much space
Making the slides the basis for the student materials:

A. Is Unacceptable
B. Needs Improvement
C. Is Good
D. Is Very Good
E. Is Excellent
In general, the manual provided:

A. Is Unacceptable
B. Needs Improvement
C. Is Good
D. Is Very Good
E. Is Excellent