Winning as a Witness: Three Tips to Wow the Jury
It all begins with an idea.
Imagine you’re sitting on the witness stand. You’re saying the lines you’ve spent hours preparing, speaking in your southern accent, doing everything you’ve practiced with your partner. As you speak, you notice the judge’s eyes wandering. At counsel table, attorneys are passing notes. Your heart sinks as you realize that despite all your preparation, you’ve lost your audience.
Or maybe you’re the one feeling like you want your audience to hang on your every word—other than them occasionally laughing at a joke or two.
Many judges emphasize that "Witnesses win trials," but in my experience, I’ve seen too many witnesses fail to unlock their optimal performance and live up to their potential.
So, how do you transform from a forgettable witness to an unforgettable one that the jury can’t help but watch? What separates an okay witness from a winning witness? The answer lies in the credibility they build while on the stand. Here are three tips to build your credibility as a witness to become a winning witness.
1. Eye Contact: "The eyes are the window to the soul." – William Shakespeare
No matter how cliché it sounds, it’s true. Eye contact makes people feel seen. That’s why great witnesses use their eyes to connect with the “jury” through eye contact. According to a study by the Journal of Law and Human Behavior, 50% of jurors reported that they found witnesses who made eye contact to be more trustworthy compared to those who avoided it (source).
In mock trial, where our “jury” is typically the judges, we can apply this principle by using a technique called the 80%-20% Rule, taught to me by my coach, the legendary mock trial expert Iain Lampert.
Here’s how it works:
When responding on the stand, make eye contact with the attorney asking the question for the first 10% of your response.
Shift your focus to the jury for 80% of the response to connect and build credibility.
Finally, return to the attorney for the remaining 10% of your response.
Using this technique during both direct and cross-examination helps you engage the jury and establish credibility.
2. Dive Into Details to Build Your Narrative
Many mock trial teams streamline materials by cutting details, assuming they’re “boring.” However, great witnesses dive into details and use them to vividly set the scene during examinations. This is particularly important for eyewitnesses and defendants.
Consider these two examples of a defendant giving their alibi:
Example One: “I was at a party, and around 9 PM, I went home and fell asleep.”
Example Two: “It was my friend Grace’s 21st birthday party, so I went out to celebrate. I karaoked a bit too hard, and around 9 PM, I wrapped up my singing, said goodbye to my friends, and headed home. Once there, I took a quick shower, scrolled Instagram for a bit, and fell asleep.”
The second example is more descriptive because of the details. It allows the listener to imagine the scene and picture the person’s actions. Including details can enhance your credibility—it shows you know what you’re talking about and helps make your testimony memorable.
Challenge: Choose one area of your direct examination to add descriptive details.
3. Master the "Yes Sandwich"
The transition from direct to cross-examination can feel like being taken from the shallow end of a pool and thrown into the deep end. On cross, you have no idea what you’ll be asked. That’s where the “Yes Sandwich” technique comes in—a method that helps you regain control and maintain credibility.
Here’s how it works:
Start by agreeing with the question (say “yes”).
Add a brief explanation or context that supports your side of the case.
Conclude by reaffirming your agreement (e.g., “So yes, I agree with your question”).
Example: “Yes, the defendant was acting suspicious that night because, at 9 PM, I saw her leaving the karaoke bar with someone wearing a black mask. So yes, I agree.”
The “Yes Sandwich” is effective for two reasons:
It maintains your credibility by addressing the question directly, avoiding defensiveness.
It prevents the opposing attorney from controlling your narrative with follow-up questions like, “Is that a yes to my question?”
Moving Forward
To become the type of witness judges refer to when they say, “Witnesses win trials,” practice these three techniques:
The 80%-20% Rule for eye contact.
Dive into the details of your testimony.
"Yes Sandwich" technique for cross-examinations.
Add these tips to your witness toolbox, and watch your witness performance transform into a winning one!