For the child and adolescent psychiatrist who has never been to court before, it is strongly recommended to visit the courthouse prior to testifying. Knowing where to park, where the courtroom in located, where to sit, and the general layout of the courtroom can be helpful to alleviate anxiety and increase the overall comfort level. Juvenile, or family, courts are generally not open to the public and only the parties involved in the current case are allowed attendance without prior permission.

The child and adolescent psychiatrist should dress appropriately for court, with either a suit or blazer for both men and women. If bringing files into court they should be contained properly and organized for ease. Avoid unnecessary items to avoid delay with security clearance. Cell phones and pagers are not allowed to be on during court, so other arrangements for coverage will be required. When the physician arrives at court it is important to let the attorneys be aware of the arrival and any time constraints. Although the psychiatrist will be given a specific time for testimony there is often a significant wait time which is why is it wise to keep the day clear of clinical duties. Many people will bring reading materials to court, but watching the legal process is an interesting way to spend the time as well.

In general, the layout of the courtroom will have a judge presiding on an elevated podium, referred to as a bench, with the court personnel below and to the side of the bench. The attorneys, as there may be several, will be seated at tables facing toward the judge. There will also be a court officer present. If it is an open court, there may be many other people not involved in the case in attendance in the gallery. Depending upon the type of case and the state, a jury may be seated for testimony. When the child and adolescent psychiatrist is called to testify, he or she is sworn in by the officer of the court and then allowed to sit in the witness box which is usually to the side of the judge. The psychiatrist will be asked to state name and business address. It may be helpful to bring a business card to give to the court reporter for difficult spellings, although many courtrooms now do not have court reporters, but audio record proceedings. Either way, the testimony will be put into the official court record. The psychiatrist will be asked to state his or her credentials, training and experience in a process known as voir dire.

The psychiatrist may not bill the patient or an insurance company for time spent for testimony or any aspect of the subpoena. In general there will be no reimbursement for the time spent in court as a fact witness.

There may be many lawyers involved in the case and all of them will have an opportunity to question the psychiatrist. There will be initial questioning by the side that has asked the fact witness to testify, usually the patient’s attorney, which is called direct testimony, after which they will be asked further questions related to the topic of the earlier testimony or submitted records by an opposing attorney, referred to as cross-examination. The first attorney then is able to ask the physician further questions if they choose to “redirect”, after which the other attorney has the right again to ask questions. The types of questions and the goals of the questioning will vary depending upon the case and the attorney’s relationship to it. When the witness is finished with his testimony, the judge will excuse him and the psychiatrist will now be free to leave the courtroom. There may be times when the psychiatrist may have to return to court the next day or on a later date. The court will try to work within the physician’s schedule, so a prudent physician may wish to bring an appointment book to expedite the process of rescheduling.

When testifying in court, it is important to speak clearly and loudly and allow time to think about a question before supplying an answer. Since the testimony is being recorded or transcribed, all the responses must be verbal. It is important to remain calm and professional regardless of the actions of the attorneys or others involved in the case. The fact witness should give only factual information and not speculate or give an opinion in their answer. The simplest and best advice for testifying in court seems to often be the hardest to follow: Answer the question asked and do not offer further information. There will be times when a question can not be answered as posed and the psychiatrist should feel free to say so to the attorney or presiding judge. This may be the case when the fact witness is asked to give a yes or no only answer to misleading questions, which at times the psychiatrist would be able to clarify if given the opportunity. The psychiatrist does not have to be able to answer each question asked. He or she should feel comfortable saying that aspect was not evaluated or s/he simply does not know the answer to the question. The psychiatrist should expect to understand the question and be comfortable in asking for it to be repeated or rephrased. If a question of a fact is asked, the witness has the option, which should be exercised liberally, of checking it against the medical records before responding. The law requires that the fact witness testify according to the best memory or with the aid of written records. This allows the psychiatrist to indicate either uncertainty regarding the answers or no recollection regarding the specific question. Sometimes, attorneys and judges may ask questions regarding the psychiatrist’s opinion as an expert. It is very important to not cross the boundary as a clinician testifying as a fact witness and become instead an expert witness, as this can compromise treatment. If this occurs, the psychiatrist can politely raise the issue and express to the judge the problem of providing expert opinion and serving as therapist. Sometimes, questions for expert opinion can be deflected by the fact witness clinician by stating that the question was never addressed or evaluated as part of the routine care of the patient.