Handling Unresponsive Witnesses in Court: A Professional Lawyer’s Guide
In court, one of the most common challenges lawyers face is when a witness refuses to answer questions. This situation often causes tension for both lawyers and clients. However, in reality, this is not a problem caused by the witness but an opportunity for the lawyer.
Professional lawyers use this opportunity to build evidence and credibility, while less experienced lawyers may see it as an obstacle. The key is careful and systematic management.
Maintaining Composure and Emotional Control
When a witness remains silent, avoids answering, or tries to evade questions, it is crucial not to:
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Intimidate the witness
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Argue with the witness
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Lose your temper in the courtroom
Losing composure may make the court view the lawyer as the “problem” rather than the witness. It can also risk unnecessary contempt of court.
Lawyers who remain calm and professional gain credibility in front of both the court and the client.
Correct Steps When a Witness Refuses to Answer
Dealing with an unresponsive witness requires following a three-step process:
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Immediately inform the court and request that the record reflects:
“Counsel for [party] has asked a question, but the witness refused to answer.”
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If the question is material to the case, request that the court exercise its authority to compel the witness to respond.
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If the court compels the witness but the witness still does not answer, request that the court record the question and the reason for the witness’s refusal in the official proceedings.
This is how a professional lawyer can create evidence in real time and protect the case.
The Court’s Discretion
It is important to understand that the court has the discretion to compel a witness or not. Lawyers should recognize that:
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If the question is irrelevant or inappropriate, the court may decline to compel an answer
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Lawyers should not argue emotionally but maintain composure, careful judgment, and respect for the proceedings
A lawyer’s professional demeanor directly affects the credibility of the case and future court considerations.
Procedural “Traps”
Sometimes witnesses only answer questions that benefit their side and refuse to answer questions that may harm them. This presents an opportunity to:
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Highlight the witness’s lack of neutrality and credibility
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Create a record for use in appeals or higher courts
Accurately documenting such conduct ensures that higher courts can see when a witness is withholding information or providing incomplete testimony.
Conclusion
Handling unresponsive witnesses is not about exerting power, but about using proper legal procedures.
A skilled lawyer does not win by raising their voice but by knowing what the court needs to see and what must be recorded in the proceedings.
These small but critical skills can influence the outcome of a case and distinguish a professional lawyer from the rest.