THE FIREFIGHTER IN COURT
TRAINING NOTEBOOK
PERHAPS YOU RESPOND to an automobile accident in which people are trapped. Maybe you respond to an incident involving criminal assault. If you’re a fire prevention inspector or a fire marshal, you may have to cite a building owner into court because of code violations. If you’re an arson investigator, it might be your first arrest. Whatever the circumstances, the chances are likely in our litigious society that something you do or witness in your official duties will get you subpoenaed to testify in court-and you will have to be prepared.
Without preparation, testifying in court can be a terrifying experience. We’ve all seen the old Perry Mason shows in which that smooth-talking law -yer makes mincemeat of some poor, unsuspecting witness on the stand. This need not be the case if you’re prepared and if you have some basic understanding of the United States judicial system and what is expected of you.
The first step in the judicial process is the receipt of a subpoena. It might be mailed to you, or served to you when you’re off duty. Some jurisdictions allow the subpoena to be mailed to your home or fire station; others mail them to the department or chief. No matter how you receive the subpoena, it’s your formal order to appear (although there may have been previous informal contact such as a telephone call or a letter from an attorney).
As soon as you receive the subpoena, contact your supervisor. Inform him that you must testify, and advise him of where, when, and what case or run it pertains to. This should be done as soon as possible.
Make every effort to appear in court on the correct day, at the right time. If you are unable to appear, or if you’re going to be late, contact the court clerk or bailiff as soon as possible. Failure to appear when subpoenaed can mean that you’re in contempt of court, and that can mean a fine or jail time.
Dress appropriately, either in your uniform or acceptable business attire. Follow whatever is set forth by departmental policy and guidelines. But remember, look professional. Blue jeans, shorts, and T-shirts are not the look you need on this particular day.
The normal procedure during a trial is for the prosecution to present its case first. In doing so, witnesses are called to give testimony. From this testimony, the jury can make a determination of what happened. Your testimony can help the jury determine guilt or fault (if it’s a civil trial for damages) or a lack of the same.
Your testimony should concern only those matters of which you have knowledge. Present the facts and answer all questions truthfully and in a straightforward manner, with no prejudice or slanting of the facts. Should you b4 asked a question of which you have nt knowledge, then say that you don* know the answer. At no time should yoi attempt to fabricate testimony. Remem ber, you will be taking an oath on the witness stand that requires you to tel the w hole truth. Take that oath serious) ly!
In most criminal cases, you will prob ably be a witness for the prosecution It’s your firsthand knowledge of wha you saw and what you did at the crimt scene that the prosecution needs for it: case. In these types of cases, you wil undergo direct examination by th prosecution. You will tell about beinj dispatched to a certain location, whaj you found upon arrival, and what mea sures you then took.
Following this direct examination you will be cross-examined by the de fense attorney. It is this cross-examinaj tion that will expose you to the mosj pressure. The defense will attempt, any way permissible, to discredit you! testimony. The defense lawyer may trj to make it appear that your memoq isn’t too good. Perhaps you’ve forgotter some of the important small details. Yot might be asked for specifics of a re sponse or incident that happenec months or even years ago. But if you (01 your superior officer/department) havt taken good field notes and run report: and they have been properly stored then you should have no trouble re freshing your memory by reviewing them. Do this several times before yoi go to court. Reviewthose notes ant reports as often as it takes to refresl ^our memory.
This method of examination and ^Cross-examination is called the adversary system of justice. It is during crossexamination that you must remember to be professional. Do not shout, make remarks, or act in any way or manner that might be viewed as unprofessional. It’s the defense lawyer’s job to protect ,her client; and, if protecting the client means that she must make you look Abolish, excitable, or confused, then she will. Remember, your basic duty is to tell only the truth.
Questions asked by either attorney /nay concern your actions, your reason for being at the scene, or why you did something in particular. These questions may be asked several times, only °ach time they may be presented in a slightly different way. Do not be shaken by this tactic. Truth will stand on its bwn. If you do not understand a question, then simply tell the lawyer that you don’t understand and have him repeat the question for your benefit. Don’t be badgered. Unlike the old Ferry .Mason shows, an attorney cannot tell you to answer with only a “yes” or a “no.” Just remember that no matter how long, intense, or hostile the questioning, conduct yourself in a professional manner and tell the truth. Remain .calm and courteous. The same principles of testifying apply to both criminal and civil trials.
After testifying, remain in the courtroom or close by. Do not leave until authorized to do so by a court officer (the judge, bailiff, clerk, or one of the lawyers). There is always the possibility that you might be called back to give further testimony or to clarify a point in Contention. If recalled, remember that you’re still under oath to answer all questions truthfully.
In summary, you should:
- Notify your immediate supervisor of the subpoena, specifying date, time, and court location.
- Review all field notes and run reports (and other related documents) pertinent to that particular incident.
- Report to the proper courtroom at the correct time and dressed appropriately.
- Answer all questions truthfully and to the best of your ability.
- If asked about a specific point or fact of which you have no knowledge or cannot recall, then be willing to admit this fact.
- Remain calm and courteous at all times. Never lose your temper, use profanity, shout, or engage in an argument or shouting match with an attorney. Remember, you cannot win, and it is very, very unprofessional. Let the lawyers shout and argue with each other.
- Speak clearly and distinctly in a voice loud enough to be heard by those in court.
- Do not discuss the case with anyone (including reporters, co-workers, or other lawyers) unless given permission to do so by the court.
If you will remember these simple guidelines and prepare properly, testifying in court can be a very rewarding and satisfying experience.
