Am I held to what I said first as a witness, even if I immediately corrected my mistake once I realized it?

It is not merely a question of how quickly the witness corrects his or her answer.

Sometimes a lawyer will ask a witness for precise details simply not because those details crucial to resolving a particular issue but simply because the more details a witness recalls the more the judge or jury may believe the witness has a particularly good memory and can thus be trusted that much more.

If the case depends upon whether an event did or did not take place on a Monday (or a Thursday), and the witness knows that, then a witness can damage his/her credibility by giving contradictory responses to the question. Unfortunately, even if it’s an honest oversight or slip of the tongue, the higher the stakes, the less tolerance there is for errors.

Still, it is better to correct what you stated in error than to stick to a false story to—ironically—avoid looking like a liar. to borrow from Mark Twain, better to tell the truth and risk being branded a liar than to bear false witness knowingly and thus remove all doubt.

Utah Family Law, LC | | 801-466-9277

Tags: , , , , , , , ,
Click to listen highlighted text!