What You Need to Know Before Giving A Statement Under Oath
At some point in time during your life, you will likely be asked to give a statement under oath. What is a statement under oath? It is a statement where you agree beforehand to swear or affirm under the penalty of perjury to tell the truth to the best of your knowledge and ability. Typically, such as a statement is recorded in some fashion, either by audiotape, videotape or by a Court stenographer. A statement under oath can be testimony at trial in a Court case, but it occurs in many other settings.
If you make a claim for property damage to your house after a storm, your insurance company may require you to give a statement under oath about the damages. In that setting, the statement is usually referred to as an Examination Under Oath. If you are a witness for legal matter, you may be asked for a sworn statement about what you know. Sometimes the sworn statement is done informally, an oath is taken and your statement recorded. Other times, the sworn statement may be a deposition where you are asked to appear and answer questions with attorneys present and a Court stenographer present. Some depositions are also videotaped.
A sworn statement is a big deal and should not be taken lightly no matter how it is encountered. Remember, a sworn statement is done under oath and under the penalty of perjury. Perjury is a false statement under oath and depending on the state, the penalties for this crime can be severe. Aside from concerns about perjury, a bad statement can cause you to loose valuable legal rights.
Tip One - Tell The Truth
This may seems obvious but it is my most important instruction to clients before they give any statement, testimony or deposition. For any testimony given under oath, lying is a criminal offense, namely perjury. Yes, people can go to jail for perjury. They can also lose their job, lose their professional license and face court sanctions. Aside from all those considerations, lying is just plain wrong and as a practical matter, the truth is easier easier to remember.
I can already hear you, I would not lie. Few people start out thinking they will lie during a statement. Then some seemingly irrelevant question comes up, and it happens. For example, a client may be asked if their cousin knows about the accident. The cousin may know very little about the accident, but they still know something. A client, to avoid their cousin being harassed with a request to give a deposition, may lie and say no, their cousin knows nothing. Remember, if you give hours of truthful testimony and then get caught on a single lie, you are a liar. Getting caught lying, even once, will undo hours of truthful and persuasive testimony. Here is the simple rule, do not lie.
Tip Two - Be Prepared
Imagine for a moment, you are asked to give a speech in two days before a live audience of two thousand people. Can you feel that nervousness in the pit of your stomach? To prepare for your speech, you would probably spend those two days preparing carefully, reviewing facts, and thinking of what you were going to say. Just remember, the embarrassment you might feel from a bad speech in front of a live audience is nothing compared to the risk of bad testimony. Bad testimony often means you lose valuable legal rights, such as money, your freedom or custody of your children. You would not walk into a speech unprepared, do not give testimony unprepared.
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