An investigation was conducted extremely well and the report looks totally professional. But all this won’t matter squat if the case gets taken to court and private investigators are unable to convince the judge and/or jury of their findings. The end-result: a case lost due to the PIs’ failure to step up and influence court authorities. While there’s no guarantee for a win every single time in court, there are ways to up the odds in the private eye’s – and client’s – favor.

PIs And Going To Court

There are general tips investigators should consider when going to court to testify for a case. They’re listed below:

• Check that all legal files and documents concerning the case are on hand and neatly organized.
• Make sure all witnesses that have been subpoenaed for the client’s case have been properly notified and will appear for the trial.
• Before trial starts, bear in mind that private eyes should have full knowledge of cases to be tackled in court. They must be aware of the various elements needed to prove the case. Last-minute stabs at putting together material that’s been previously left out while investigators are on the stand won’t score credibility points with the judge and jury.
• Investigators should dress in conservative business suits. For men, something with a tie and a sports jacket will do. Women on the other hand, should wear business attire.
• Demeanor inside and outside the courtroom – Private investigators must arrive ahead of the court appointed time and be prepared to proceed when the lawyer calls upon them. They should avoid excessive noise and loud discussions or conversations. All mobile phones and pagers need to be turned off prior to entering the courtroom. If investigators need to discuss certain case facts with the client or counsel, they should do so in private, away from people who have no business hearing such private conversations. A good PI is a professional in both approach and demeanor to everybody present in court.
• Have all information pertaining to the case ready. A good investigator brings all his case-related notes with him to court. Glance over them along with the overall report prior to showing up at the courthouse.

Testifying Proper

The previous section discussed what is typically involved when it comes to PIs testifying in court. Here are items that have to do with the more specific task of actually testifying. Go ahead and take a gander.

When on the stand, direct all testimony to the judge and/or jury. Speak in a clear and audible voice. If while being questioned, the PI needs to consult his case notes, he should ask the counsel before doing so. In general, detectives should only use their notes to refresh their memory. Investigators shouldn’t read from their notes directly. They should pay attention to what the judge and counsels are asking them so they avoid getting confused and looking like they don’t know what they’re talking about.

An investigator should always think before opening his mouth and answering any questions. This way, the investigator is sure all his responses remain appropriate. Whenever possible, reply with a simple no or yes. Avoid giving long-winded testimony and NEVER volunteer info.

Patience is a virtue. The same is true in court. PIs ought to be patient while counsel grills them. Sometimes a lawyer might seem like he’s already asked the same question and gotten the answer to it from a previous testimony. But in fact, he’s merely attempting to reinforce prior statements given for the jury’s and judge’s benefit. Keep calm and collected. The opposing counsel might try to elicit an emotional response from the investigator to make them appear less professional to the court but don’t take the bait. Investigators should keep their testimonies brief but accurate.

In case of errors in their testimony, private investigators should not hesitate in acknowledging and correcting them. Better the PIs make the correction than risk opposing counsel using the erroneous testimony against them later. To avoid making any further mistakes, it would be helpful for the investigator to wait several seconds before responding to questions. This is also one way to give counsel a chance to raise objections or obtain instructions from the judge regarding questionable or vague inquiries.

Good court testimony is objective, clear, truthful, accurate and pertinent. Keep in mind that the judge, jury and counsels weren’t present when the investigations were conducted. An investigator’s testimony must be able to paint a vivid picture of the relevant events and the order in which they took place.

Investigators must not forget that they worked their tails off to conduct a bang-up investigation. Countless hours were exhausted in the investigation as well as the generated reports. But these can all be for naught if the case is presented in court and the private investigator testifying is unprofessional. The PI’s appearance, conduct and manner of communicating investigation findings to the court will ultimately be the deciding factors that score a win or a loss for the client. Lost court cases could easily translate into lost business for the investigation firm.

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