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ON THE DAY OF COURT
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A child's court experience begins even before he or she steps into the courtroom.  On the day of the hearing, parents/caregivers should make sure that both parents and children are dressed neatly and comfortably.  Caregivers/parents should ensure that children have a good breakfast and are as relaxed as possible. Despite a courtroom tour, children may still be nervous and fearful of testifying. It is important that the adults around them relay positive, supportive messages: "You look very nice," "Everyone is nervous when they testify, even police officers," and "I know you'll do a great job."   There may be long delays while awaiting the case to be called, so bring items with you that may help pass the time such as crayons and books, activity sheets, dolls, and snack food.  It is important to remember that the young witness should not discuss the case with anyone, including parents or other supportive adults.  Do not go over the child's testimony before the courtroom appearance. However, you can tell the child to tell the truth and to think carefully about the details of the testimony he or she plans to give. Emphasize that it is okay to say "I don't know" or "I can't remember" to any question if the child cannot recall, or "I don't understand" if the question is unclear.    

When the case is called, all witnesses must come into the courtroom, including child witnesses. Everyone will be sworn in. This means that everyone will take an oath to tell the truth. If there is to be a closed hearing, all unnecessary parties will be asked to leave the courtroom.  When the child takes the stand, he or she may be asked a series of questions to "qualify" him or her as a witness. These questions are designed to determine if the child knows the difference between the truth and a lie, and to test the child's ability to observe and remember.  This is usually very brief and most children qualify with very little difficulty. Once qualified, the testimony can begin.

While testimony is on-going, caregivers/parents and other support persons must remember to remain quiet and not make any motions or expressions to prompt the child. Such actions may upset the child, or even cause controversy about the testimony, and the court could have the person removed. Just knowing you are there will be a comfort to the child.

It should comfort parents and other caregivers to know that most children who testify say that testifying was not as bad as they had expected.

 

 

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York County, Virginia
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