Tips for Testifying in Court

The Holley Factors and Statutory Guidelines for Best Interest Analysis

The Holley factors and statutory guidelines for best interest analysis provide the CASA with a road map of the evidence that needs to be brought out in court to ensure that the best interests of the child are addressed by the court.

A CASA appointed as Guardian Ad Litem is charged with the responsibility “to represent the best interests of the child.” Family Code § 107.001(5). A CASA may carry out these duties by testifying in court concerning the “best interest of the child.” Family Code § 107.002(e).

The courts commonly look to a set of guidelines, called the “Holley factors”, in evaluating the best interest of a child.

DOWNLOAD THE HOLLEY FACTORS HERE.

Matters in which you may be asked to give testimony:

Services provided and completed by parents
Visits and parents’ contact with child
Placement
Facts to support permanency (return to parents, termination, etc.)

BE PREPARED!

Have a complete and thorough understanding of the facts of the case
Create a timeline of events in the case
Know and communicate with all parties to the suit

What do I do when an attorney makes an objection?

When an attorney makes an OBJECTION, the judge will either:

SUSTAIN: No, you MAY NOT answer.
OVERRULE: Yes, you MAY answer.

General testimony Guidelines

DO

Relax and breathe
Listen closely and actively
Take your time
Answer only what is asked; be concise and precise
Tell the whole truth
Stop talking when an objection is made
Facts and details are better than conclusions
Ask for clarification or rephrasing if you do not understand
If you do not know the answer, say so
Be courteous
Talk loudly enough
Give audible answer; don’t shake your head
Look at jury when testifying

Don’t

Guess
Give personal opinions
Use CPS jargon or acronyms
Try to understand where the questioning is going
Make assumptions or generalizations
Be afraid to give credit where it’s due
Take it personally
Worry about how your answers appear
Stress about cross examination too much (attorney will clarify later)
Lose your temper
Argue with the lawyer
Look to the lawyer for help