A witness is one way to get evidence before the court to support your case.
Here we have Ms. Gibla calling Ms. Friendly, her friend and neighbor, as a witness. Anything that Ms. Friendly says under oath at this hearing is called testimony.
Testimony is one form of evidence that the judge may consider.
(Judge) Do you want her to stand by you or do you want her to sit up here at the witness stand?
(Ms. Gibla) She'll be sitting in the witness stand your honor.
(Judge) Alright, the judicial courtroom assistant will place her under oath.
(Assistant) Please raise your right hand. Do you swear the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth so help you God?
(Ms. Friendly) Yes. (Assistant) Please be seated.
Notice that Ms. Gibla has a list of questions that she's going to ask her witness. You too should have a list of questions written down so that you don't forget anything.
Your questions should be clear and direct. Before the hearing, you should've already talked to your witness and gone over what questions you're going to ask him or her.
By the time of the hearing, you should trust your witness to tell the story in his or her own words. Nothing that that witness says in court should be a surprise to you.
(Ms. Gibla) Ms. Friendly, do you know me? (Ms. Friendly) Yes, you've been my neighbor for about 8 years.
(Ms. Gibla) Do you know my ex-boyfriend Mr. Filfo? (Ms. Friendly) Yes. (Ms. Gibla) How do you know him?
(Ms. Friendly) He used to live with you. (Ms. Gibla) Do you know our son Tommy? (Ms. Friendly) Yes.
(Ms. Gibla) How do you know him? (Ms. Friendly) I've babysat him for 4 years.
Note that Mr. Lawless, Mr. Filfo's attorney, is listening and taking notes. This is a good practice.
If you're not asking or answering questions, you should be listening and taking notes as well. It will help you organize your thoughts if you want to ask questions later.
(Ms. Gibla) Where does Tommy live? (Ms. Friendly) With you.
(Ms. Gibla) Do you still babysit Tommy? (Ms. Friendly) Yes. (Ms. Gibla) Where do you baysit him?
(Ms. Friendly) At your house. (Ms. Gibla) How often do you babysit? (Ms. Friendly) Three times a week, and sometimes on weekends.
Ms. Gibla is asking questions of her witness, or doing a direct examination of that witness.
First she starts by asking background questions, like whether or not Ms. Friendly knows her, whether or not Ms. Friendly knows her ex-boyfiend, Mr. Filfo, and whether or not she knows their son Tommy.
This is important, because you need to show that your witness has personal knowledge about what he or she is about to talk about.
If you can show that your witness has personal knowledge, the jduge will probaly accept that witness's testimony.
(Ms. Gibla) Does Mr. Filfo still live with me and Tommy? (Ms. Friendly) No.
(Ms. Gibla) When was the last time he lived with us? (Ms. Friendly) Um, I've seen him move his stuff out about a year ago, and I haven't seen him stay the night over since then.
(Ms. Gibla) Do you ever see him at my house? (Ms. Friendly) Sometimes, when he's picking up Tommy for his visits.
(Ms. Gibla) Have you ever seen him at any other times? (Ms. Friendly) Well, I've noticed him twice hanging outside your house trying to look into your bedroom windows.
And I've also seen him drive slowly by your house a lot of times.