November Advocacy Tip
Every month CASA publishes an "Advocacy Tip" to give Advocates the chance to earn 1 Hour of Ongoing Training Credit. Take the quiz at the bottom to earn your credit!
Testifying in Court
Advocates can be called to testify by any of the attorneys assigned to the case. This may occur at any of the scheduled hearings; however, it is more common during the Trial of Merits. Your testimony is in addition to your court report(s) when testifying. All testimony is recorded and becomes a part of the permanent case file.
Review Your Reports
In preparing for trial, it is important to review your CASA reports to the court and any other records you have obtained during the pendency of the case. Endure you have up-to-date information from CPS caseworker(s), caregiver(s), the parents, and, most importantly, the child(ren). Things to consider: the desires of each child, the emotional and physical needs of each child now AND in the future, parental/permanent caregiver abilities, placement stability and the parent/caregiver-child relationship ("bond"). Preparation is key to ensure you present as a competent witness.
Meet With Your Supervisor
Schedule a time to meet with your Advocate Supervisor prior to trial to review the facts of the case, review what hearsay* is and how that may affect your testimony and discuss your final recommendations. The more prepared you are, the more confident you will come across when testifying.
*Hearsay: evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them.
Research Your Case
Obtain Information on your case firsthand. you may also read and review any important documents in the case file created by professional service providers. When you hear an objection to hearsay, pause your testimony and only continue if this objection is overruled. Everything you testify to is based in fact and truth. Only answer what is asked. If you do not know the answer to a question, testify that you do not know the answer. Pause before answering any questions to be sure that you understand the question fully and are able to answer in the most concise manner possible.
Your testimony should be based on what is in the best interest of the child(ren)on your case. You have been the constant for these children, and, through testimony, you are in a position to provide the court valuable insight and perspective on what you believe is the best outcome possible for the child(ren)on the case.
Summary
In a nutshell, Advocates testifying need to keep the following in mind:
- Know your case.
- Review case information and practice your testimony.
- Be prepared.
- Be concise and factual in your testimony.
- And ALWAYS keep your child(ren)'s best interest clearly in mind.
Advocacy Tip Quiz
