Ideally, a well-chosen witness can help a plaintiff prove that a reported accident took place according to the report from the victim.
Neutral witnesses prove most valuable.
A neutral witness should have no ties to either of the opposing parties. Personal Injury Lawyer Sydney knows that evidence of neutrality equates with proof of credibility. A credible witness is believable and trustworthy.
Characteristics associate with credibility
Consistency: During the discovery process a reporter record each of the answers that have come from a given witness. Both of the lawyers study those answers, in hopes of finding evidence of consistency, or of inconsistencies. The latter could be used to show that a given witness was not creditable.
First-hand account: In a courtroom, the judge would insist on a first-hand account. A second-hand account, such as a statement in the police report would be viewed and hearsay. Judges do not allow the members of a jury to hear hearsay.
Accuracy of recall: Evidence of guessing would cloud any effort to suggest accuracy. That is why lawyers warn their clients against guessing at an answer, after being asked a question.
Plausibility of offered version: An obvious exaggeration of the truth would hurt the case of the lawyer-client team that had chosen the prevaricator as a witness.
Friendly demeanor: a jury would be told if the person testifying had any grudge against the plaintiff or the defendant.
The absence of any hint that the testimony has not come from a neutral party: Someone that has been presented as “neutral” should not display a leaning in favor of the argument that has been presented by either side.
The absence of a criminal record
How could you know whether or not you could serve as a credible witness?
Could you give a first-hand account? Even if you did not see, what happened, maybe you heard the crash, or you heard a different sound.
How well do you recall what happened on that day. You would not be the right person to have on the witness’ stand, if you were unsure about what took place.
Are you free of any feelings toward the plaintiff or the defendant? Was there a time in the past when either of them annoyed you or criticized you? A “yes” answer would suggest that you should decline a request to step onto the witness’ stand.
Have you hidden the fact that you have a criminal record? If so, you would not be a credible witness. Remember that any charges against a minor would not count, one that same person had become an adult.
Would it be difficult for you to get to the court where the trial will be held? If yes, maybe you should decline to serve.
