When giving testimony in a welfare fraud case, you may disclose any information from that case record. The defendant's records are not protected by confidentiality rules during the prosecution proceedings. However, any discussion of this case NOT directly related to the prosecution proceedings is strictly forbidden. [Welfare & Institutions Code 10850]
Listen carefully to each question; do not answer a question until it is completely understood. If a word or a question is not understood, you should say so, and ask that it be repeated or rephrased. Don't guess. If a question is compound or calls for more than one answer, you should be careful to identify and answer each part separately.
In the testimony, you should refer to a person by name rather than by the use of pronouns such as “he,” “she,” or “they,” so that the judge or the jury will at all times know to whom you are referring.
Take whatever time is necessary, within reason, to answer a question. You should not allow yourself to be rushed. Whenever there is an objection, regardless of who makes it, you should immediately stop testifying and not resume until the objection has been ruled upon by the judge.
Answers must be responsive to the questions. The best answer is the short answer; however, it must be clear and complete. If you are asked for a “yes” or “no” answer, but feel that such an answer would not be adequate, you should say so and ask permission of the judge to explain the answer. Do not exaggerate; do not volunteer testimony. If you do not know or cannot remember the answer to a question, say so with the same conviction as when answering other questions.
If you do something during all interviews (or on all occasions), but don't remember the specific interview or occasion, you may still testify truthfully based on your habit and custom.
Example Example I always advise clients regarding their certification under penalty of perjury before any client is allowed to sign a SAWS 2 or DFA 285-A2.
Example Example Therefore, if this SAWS 2 or DFA 285-A2 was processed by ME and bears MY signature, the client(s) was (were) advised regarding certification under penalty of perjury before he/she (they) signed the SAWS 2 or DFA 285-A2.
If you need to refer to a document or narrative before answering a question, ask for permission to do so, if necessary, examine the document or narrative, and then answer the question.
Opinions should not be given unless requested. When given, you should explain that it is your opinion. Avoid the use of conclusions. For example, rather than testify that the defendant was nervous, describe what it was about the defendant that led to your conclusion, such as trembling, stuttering, sweating, etc.
While everyone is nervous before testifying, you have nothing to fear. Simply tell the truth! Answer each question to the best of your ability, based upon your best knowledge.