NOTES IN COURT TESTIMONY (CLJ 5)

1 Prof. Michael Vher F. Ilomin, JD, MPT

PNP Training School Lecturer, CLE National Reviewer in Law, Book Author

Court Employees (Court of competent jurisdiction- Inferior Court)

1. Judge- one who try and decide cases.
2. Branch Clerk- one who assists the judge in all court facilitations, including signing of non
confidential or vital and unrestricted orders.
Requirement: RTC- member of the Bar MTC- law graduate (LLB)
3. Legal Researcher- one who researches for High Court jurisprudence and citations to be
incorporated in court decisions and rulings.
Requirement: RTC- law graduate (LLB) MTC- at least 3rd year law student
4. Legal Interpreter- one who considered also as a court reporter who aid and interpret testimonies
during court litigation or hearing. One who also prepares the court calendar.
5. Sheriff- one who executes court decisions, such as Attachments, Injunctions, Executions,
Replevin and the service of all related court rulings.
6. Court Stenographer- the court proceeding shall not push through without this personnel. He
records the entire proceeding and likewise prepares the transcript of stenographic notes.
7. Clerk in Charge for Criminal Case- considered as a record custodian officer for all the criminal
cases pending before the court.
8. Clerk in Charge for Civil Case- considered as a record custodian officer for all the civil cases
pending before the court.
9. Process Server- one who serves the summons and subpoena but shall not be limited to service of
court orders if possible.
10. Utility/ Driver- an all around person in court. The title speaks for himself.
11. Court Decongestion Officer- new position as Court personnel. Duty is to aid in declogging long
time pending cases before the court.

Tips on TESTIFYING before the TRIAL COURT

1. Appear and behave professionally. This applies both on the witness and the counsel. Obviously
this influences the judge indirectly.

2. Before the trial starts, walk in to the courtroom and familiarize yourself where the witness chair is
located and the path you need to take to get to it. This enables you to walk directly to the stand in
a forthright manner and be sworn in.

3. Dress professionally. Studies have shown that blue for men and black for women are the most
appropriate colors for "looking believable”, but it does not apply to all conditions. Men and
women should dress in a conservative fashion, if you are a peace officer, your uniform helps you
enhance credence. Avoid flashy colors, and use minimal jewelry.

4. When you are sworn in, look at the judge and say, in a loud and clear voice, "I do" or “Yes your
Honor”.

5. Once you are seated, sit up straight and look at the questioning counsel, when answering make
eye contact with the judge.

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 NOTES IN COURT TESTIMONY (CLJ 5)
2 Prof. Michael Vher F. Ilomin, JD, MPT
PNP Training School Lecturer, CLE National Reviewer in Law, Book Author

6. Answer all questions clearly, do not nod. If you nod this will cause the court interpreter and the
judge to tell you to answer audibly and make it look like you're not sure what you're doing.

7. Keep your hands in your lap. Keep them away from your mouth.

8. If you to ask a question look at the judge and say "Your Honor" wait till the judge gives you
permission before you ask the question.

9. Listen very carefully to the question. Make sure you understand it before you answer.

10. If either attorney objects, stop talking, let the judge rule on the
objection and then continue.

11. Avoid being combative. Let the attorneys get as nasty as they want. They're more than likely
trying to "bait you." You stay cool and answer the questions.

12. If you make a mistake, admit it. Don't try to cover it up. Nobody is going to hold it against you
that you made a mistake, but they will certainly hold it against you if they think you're lying.

13. Never memorize your testimony. Know your facts, but don't try to say things word for word.
You will look rehearsed during your testimony and then will not be able to handle cross
examination, where the questions are out of sequence.

14. If the other side asks a question that you think is objectionable, pause before answering and give
your attorney a chance to object. If he doesn't, answer the question.

15. Avoid looking at your attorney when answering questions. This looks like you are asking for
help and the judge might interpret this as a damaging question, even though your answer makes
perfectly good sense.

16. Most important of all, tell the truth, the whole truth and nothing but the truth. Avoid temptation
to embellish the truth just a bit. It's not necessary and if you're caught it makes your whole
testimony suspected.

CLJ 5 terminologies to remember:

1. Bar- refers to the whole body of lawyers.

2. Bench- refers to the whole body of judges.
3. Amicus Curiae- friend of the court or an impartial counsel invited by the court in the aid of
disposition certain issues.
4. Attorney ad hoc- person appointed by the court to defend an absentee defendant.
5. Attorney at law- persons who are licensed to practice law and empowered to appear, defend and
prosecute before a competent court.

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 NOTES IN COURT TESTIMONY (CLJ 5)
3 Prof. Michael Vher F. Ilomin, JD, MPT
PNP Training School Lecturer, CLE National Reviewer in Law, Book Author

6. Attorney in fact- an agent whose authority is strictly limited by the instrument appointing him.
7. Counsel on record- a lawyer whose name is entered in the record of an action or suit.
8. Counsel de officio- a lawyer appointed by the court to defend an indigent defendant in a
criminal action.
9. In House Counsel- one who acts as an attorney for business and acting not an independent
counsel.
10. Lead Counsel- a lawyer charged with a principal management and direction of a party to a case.
11. Of Counsel- an experienced lawyer, usually a retired member of the judiciary employed by law
firms as consultants.
12. Pro Se- an appearance by a lawyer in his own behalf.
13. Retainers fee- a fixed amount of payment in advance by a party to secure the legal services of a
counsel.
14. Contingent Fee- a payment for the legal service of a counsel to the party depending upon the
result of the litigation. Generally impermissible.
15. Ambulant chaser- a lawyer who profits by seeking those victims of accidents or other relative
crimes.
16. Retaining Lien- a right merely to retain the funds, documents and papers as against the client
until the lawyer is fully paid by his fees.

“that in all things God maybe gloried”……

This is an intellectual creation work of M.V.F.Ilomin 2019

Unauthorized reproduction of this material prohibited.

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