Yikes, I May Have to Testify in Civil Court This Week...

Updated on October 18, 2011
P.B. asks from Austin, TX
10 answers

Hi, this is a civil case involving "managing conservatorship" of a minor who has learning disabilities and also is under the care of a psychologist or psychiatrist (and takes several medications). A woman, I'll call her Lydia, befriended me when her granddaughter (I'll call her Emily) started 9th grade; my daughter was starting 10th. Lydia found out my husband was going to be out of the country for the entire school year and offered to help me out by driving my daughter home from school on the days I needed to be out of town,caring for my mom. I gave her some modest compensation for this + I also drove Emily a few times. My daughter helped Emily with homework quite often.

Emily is Lydia's foster granddaughter. Lydia also raised another woman, I'll call her Ann. Ann is Emily's aunt. I get the family tree mixed up; it's quite convoluted. Lydia told me during summer of 2010 that Ann was suing her for custody of Emily. I told her I would support her and would testify if it went to court. Apparently, there was an overdose situation (also summer, 2010) -- I was told by Lydia it was doctor's or clinic's error, maybe too many meds to begin with, not being managed properly? I have no reason to doubt this -- I have NOT heard that Lydia did anything wrong or messed anything up. I feel if it were Lydia's fault, Emily would've been removed immediately.

I never heard back from her; Ann was given custody of Emily. My daughter is friends with Emily on facebook; I am actually friends with Ann on facebook. Now Lydia is trying to get managing conservatorship of Emily.

Lydia was extremely faithful with helping me out every week. Even though she got lost a few times (she drove to "away" volleyball games), never had an accident on the road. She has what I would call an aggressive personality; she's a woman in her late 60s or early 70s, I would guess. I would not pick her for a friend, but she was so good to me! I feel as if God put her in my path because I desperately needed someone. I also heard that she was abrasive to the staff at the high school (Emily only went there her freshman year). My daughter told me that Lydia would criticize Emily for her weight problems and talk about Emily in her presence.

As far as I know, Emily is doing fine with Ann. I'm glad I didn't have to testify in the custody case.

What should I do? I mean, obviously, I need to tell the truth about what I know but I've observed very little. I don't really want to get into the hearsay stuff or have to comment on it in court; it's hearsay. Both Lydia & Ann will be in the room, if I am called to testify. Lawyer said she will block questions from Ann's attorney when necessary.

Has anyone ever dealt with this sort of thing before? Any advice/tips on testifying? :(

edited: Emily is 16 now and a junior. I forgot to mention that the lawyer is the one who called last night. Custody has already been awarded to Ann. Not sure if it's financial conservatorship or medical but I'm guessing it is medical. I really don't want to or plan to call Lydia. The lawyer said the other lawyer would no doubt ask me hypothetical questions like "if X were true, would this change your opinion?" etc. It's the hypothetical questions that might give me the most grief.

What can I do next?

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So What Happened?

Thank you ALL for your very useful advice! I did feel I was getting peace about it. My big fear was cross-examination. Well! It was a big waste of time. I was asked to be there @ 8:45 am today; waited until after 11 to give my 10-minute testimony.

I made sure I slowed down, answered only what was asked, etc. Attorneys were very nice and just asked me how I knew them, what I had observed -- which was not much at all, since our whole relationship was based on Lydia helping me out when I was out of town. I did say I trusted her.

I was asked if I even knew Ann -- I smiled & said "we are facebook friends" and Ann smiled back. She was a parent-teacher officer & I socialized with her at one school dinner.

The weirdest thing was, Lydia's lawyer asked twice what my daughter's name was.

NO cross-examination! What a relief!

Thanks again for taking time to give me the advice; I hope I don't have to use it again but if so, I'll have it! :D

Featured Answers

L.A.

answers from Austin on

When they ask you a question, listen to it carefully and only answer that question. Do not add anything. If you do not understand the question or need it repeated just ask them to repeat it or let them know you do not understand the question.

If you do not know the answer or situation say. "I do not know."

If you cannot remember say, "I do not recall", Or "I do not remember".

If they ask you a yes or no question. Only answer yes or no.

Just answer truthfully, I know it is stressful, but as long as you tell the truth, that is all they want.

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A.P.

answers from Charlotte on

Although I have never dealt with anything like this, I have to say-- Even though when you break it down to all of the details it gets complicated, however in the big picture the only thing that bears weight is that you are honest. Tell the truth exactly as it was, speak with honesty and speak from your heart -You can't go wrong- Don't get mixed up in the lawyer games, just be honest! YOU are the only what that has to live with/answer for what YOU do- so if it were me, that's what I would do. I would stay away from repeating the gossip (he says she says junk) and only speak of factual situations, things you observed for yourself. I'm sure you are struggling with this, and sorry I don't have any experience to base my opinions off of- but all I can say is if it were me, I would pray about it and be honest. God bless, I hope you will get some clarity and peace about it.

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D.B.

answers from Charlotte on

.

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M.M.

answers from Washington DC on

I would give them only facts that I have observed and my feelings toward letting my own daughter ride in the car with her.
Obviously you trust her.
Do not give any extra details.

If asked directly if Emily should be placed with either woman, or to have manging conservatorship with either woman, say it is not for me to decide that question.

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C.B.

answers from Austin on

Whoa, I hope this goes well for you! Stick with the absolute truth and don't answer more than they ask. Don't give your opinion. Hypothetical questions I would try to answer with something as evasive as possible. I would take my time and answer very carefully on those. "I really don't know" works as an answer to those kinds of questions. I had to testify in court in civil cases twice, and I didn't have a big problem because I stuck to facts only both times. Nobody asked hypothetical questions, fortunately.
Good luck!

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B.M.

answers from Los Angeles on

Family court is a little looser than a traditional civil court, but hearsay is hearsay and is inadmissible. If you are asked any questions where you don't have first hand knowledge (anything you have to preface with "he/she told me"), you can either say "I don't have personal knowledge" or "I only know what [name of person] told me." If the judge wants to hear your answer, they will tell you or it will give either attorney the chance to object. You need to be honest in your testimony and, hopefully, the questions will be few.

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M.P.

answers from Portland on

I've testified often in family court. I don't know if conservatorship issues are handled in family court. If I were you I'd ask Lydia what it is she wants the court to hear from you. I'm guessing it's to be a character witness. Sounds like you've not had contact with her for a year which means anything you say will not be very useful.

I'm not even sure what conservatorship is in this incidence. Is she asking to have financial control? Or decision making rights? If she's asking for custody, it would be a custody hearing. I urge you to first find out what the purpose of the hearing is and how your testimony applies to it. I'd ask to talk with Lydia's attorney.

I would be comfortable saying that I don't know her very well because I've had very little personal experience with her and I haven't had any contact with her for a year. Tell Lydia how much you appreciated her help and that you'd be willing to testify if you knew ahead of time what it is that she expects you to say.

Often the client doesn't understand the system or what is required. Therefore I would definitely not commit myself before talking with her attorney to find out what she is going to ask you and what the other attorney could ask you. Be prepared.

If you testify, as others have aptly said, tell the truth, answer only the question asked as briefly as possible and do not mention hearsay. Even if an attorney asks for hearsay or your opinion say that you're not comfortable repeating gossip and that you have no opinion.

Please do not feel obligated because Lydia helped you. Be true to yourself.

After your edit: Just don't answer hypothetical questions. You don't know her well enough to have a helpful opinion. Say something like, "I don't know her well enough to answer that question.? or even "I don't have an opinion on that."

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C.B.

answers from Austin on

I am reasonable sure that they cannot ask hypothetical questions. There is too much of the unknown involved. Just answer the questions honestly and without prejudice. State your observations/opinions if asked. I think you will be fine.

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J.T.

answers from Victoria on

you said you would be there for her if it ever came to it. just be yourself and be honest. the little information that you know might not even be useful to the case. it might be very helpful to the case. you feel she did nothing wrong and she might need you to help clear her name of a horrible title of being neglectful or causing the child to take too much meds. put yourself in her shoes. good luck. dont worry too much about the questions just answer them as they come. if you dont know say you dont know.

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H.P.

answers from Houston on

Objective facts only. Don't think about your opinion or even what you consider "the truth". Stick with actual facts--what you saw with your eyes, what you heard with your ears, NOT what you "gathered or assumed based on what you were seeing or hearing". For example, if they were to ask you if Lydia is a good driver, your answer is "I don't know" unless you have actually witnessed her driving. The fact that your daughter arrived at her destination in one piece does not automatically mean that the trip was a safe one. If they were to follow with asking why you would allow your daughter to ride with her, it would then be appropriate to say that you assumed or took for granted that your daughter would be safe since the other child appeared to be safe (or whatever your answer is). Do you see the difference?

Good luck.

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