Under certain circumstances, congressional committee staff members may choose to depose potential witnesses and scheduled witnesses. The purpose of such depositions is to gather information in order to prepare for a hearing. This is more common in investigative hearings.

photo credit: Vincent van der Pas

Formal in nature, such questioning of a witness is the equivalent of taking testimony in private. The deposition may be administered under oath and may also include advanced written questions as well as a full transcript. In most instances, deposed witnesses will be accompanied by legal counsel.

Any witness that is called for a deposition should ensure they have a clear understanding regarding the purposes as well as the authority for the deposition. It is often a good idea to consult legal counsel to obtain advice regarding the substance and procedure of the deposition. This will also help to ensure that the constitutional rights of the witness are protected. The practices of committees regarding depositions can vary significantly.

Witnesses who are called to testify before a congressional committee should fully understand that they have basic rights and protections provided under the U.S. Constitution and to rights provided under rules that are adopted by the Senate and the House and their committees. Basic constitutional rights include First Amendment rights to free speech, assembly and petition; Fourth Amendment rights against unreasonable search and seizure to obtain documents or information; and Fifth Amendment rights against self-incrimination. This includes protection against being compelled to provide testimony against oneself that might be incriminating.

Under House and Senate rules, added protections include the right to legal counsel, the right to have counsel present to provide legal advice, the right to request that television cameras be turned off, and, in some cases, the right to refuse to be photographed. In certain circumstances, witnesses may also have the right to request that hearings be closed.

The protocol regarding the use of legal counsel during a hearing falls within the purview of each individual committee. As a result, witnesses who would like to bring legal counsel to a hearing should first consult with the relevant committee staff. In most cases, legal counsel is not necessary, but when an investigative hearing is involved and when a witness has been subpoenaed or requested to submit to a deposition, legal counsel is more frequently involved.

To learn more about preparing to testify before Congress, consider attending TheCapitol.Net’s workshop, Preparing and Delivering Congressional Testimony, also available for custom, on-site training.

Reference: Testifying Before Congress, by William LaForge, Section 2.50 Depositions Conducted by Committee Staff, Section 2.51 Testifying under Oath-Sworn and Unsworn Testimony, Section 2.52 Rights of a Witness.

More

• House Committees
• Senate Committees

For more information about presentation and testifying training from TheCapitol.Net, see these resources:

• Testifying Before Congress, by William LaForge
• Live courses in Washington, DC:
  • Preparing and Delivering Congressional Testimony
  • Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill
  • Effective Executive Briefings: The Art of Persuasion
  • Writing to Persuade: Hone your persuasive writing skills
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation
  • Effectively Using Persuasion in Your Oral Presentations: A Trial Lawyer’s Perspective
  • Crisis Communications: Hoping That It Will Never Happen, But Glad You Planned For It
  • Keys to Effective Presentations: Invigorate Your Delivery and Increase Your Confidence

As a prospective public witness testifying before Congress, it is essential to have a solid understanding of the Truth-In-Testimony rules that witnesses are required to comply with and the consequences that can result for failing to comply.

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To the greatest extent possible, witnesses who appear before each committee are required to submit written statements of their proposed testimony in advance. In addition, they are also required to limit their oral presentations to brief summaries. In the event a witness will appear before a committee in a nongovernmental capacity, a written statement of proposed testimony should include a curriculum vitae for the witness as well as a disclosure regarding the amount and the source of any Federal grants or contracts that have been received during that current fiscal year or either of the two prior fiscal years. This applies not only to the witness, but also to any organization represented by the witness.

The purpose of this rule is to provide committee members as well as the public and the media a more detailed context in which the testimony of the witness can be considered regarding their experience, education and the extent to which they or their organization have benefited from Federal contracts and grants.

The intention of this rule is not to require witnesses to disclose the amounts of Federal entitlements they might have received from sources such as Social Security, Medicare or income support payments. Farmers are also not required to disclose amounts they might have received regarding commodity or crop price support payments. Failure to fully comply with this requirement would not result in a point of order against the witness testifying. With that said, such failure to comply could result in an objection that could potentially include the testimony of the witness in the record of the hearing. This objection would take the place of a traditional disclosure.

The information provided by the witness to the committee prior to the hearing can be helpful to the committee during the preparation stage. A wealth of information is often included in a briefing book prepared by the committee staff. This information can include not only Truth-in-Testimony disclosures, but also other information such as witness background biographical information.

To learn more about preparing to testify before Congress, you might consider attending our workshop Preparing and Delivering Congressional Testimony, also available for custom, on-site training.

Reference: Testifying Before Congress, by William LaForge, Section 2.7 Special Rules Regarding Truth in Testimony

More

• House Committees
• Senate Committees

For more information about presentation and testifying training from TheCapitol.Net, see these resources:

• Testifying Before Congress, by William LaForge
• Live courses in Washington, DC:
  • Preparing and Delivering Congressional Testimony
  • Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill
  • Effective Executive Briefings: The Art of Persuasion
  • Writing to Persuade: Hone your persuasive writing skills
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation
  • Effectively Using Persuasion in Your Oral Presentations: A Trial Lawyer’s Perspective
  • Crisis Communications: Hoping That It Will Never Happen, But Glad You Planned For It
  • Keys to Effective Presentations: Invigorate Your Delivery and Increase Your Confidence

Researching and preparing to deliver testimony before Congress is a process that takes quite a bit of time and groundwork. There are many elements that can assist you in the process, including preparing a briefing book. A briefing book commonly is comprised of research materials, documents and other materials that assist you during the hearing. It can be particularly helpful when used as a quick reference tool when you are questioned by the committee.

photo credit: Vali…

Along with basic documents and research, the briefing book should contain prepared answers to potential questions that may be asked of you during the hearing. You might include other resources that you might need to quickly access during the hearing, such as relevant statistics and lists.

Other items in the briefing book can include a copy of your testimony, an executive summary, background materials and research and committee information. Some people also choose to include a copy of the invitation to testify from the committee and handouts such as charts and graphs, biographies of committee members, and travel itinerary and scheduling information for the witness. To make the briefing book more accessible and helpful, you can use tabs for easy reference.

If you opt to use a briefing book during the hearing, place it on the table in front of you or slightly to the side. Include the use of the materials in your witness rehearsal to ensure you are completely familiar with the briefing book ahead of time. As a prospective witness, practice locating and referring to the contents of your briefing book during your rehearsal. This allows you to develop the ability to use your briefing book naturally, with speed and ease during the actual hearing.

Your rehearsals should include the use of the briefing book while delivering oral testimony and while answering questions that might be posed by the committee.

For more information on preparing effective Congressional testimony, consider our 1-day course Preparing and Delivering Congressional Testimony. We also offer custom, on-site testifying training.

Reference: Testifying Before Congress, by William LaForge, Section 3.19 Important Documents: Drafting the Statement and Making the Record-The Briefing Book; Section 4.23 Witness Rehearsal of Oral Testimony and Answers to Questions-Operating with the Use of a Briefing Book

For detailed information about testifying before Congress, see these resources form TheCapitol.Net:

• Testifying Before Congress, by William LaForge
• Our live course, Preparing and Delivering Congressional Testimony
• Our Capitol Learning Audio Courses
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation
  • Effectively Using Persuasion in Your Oral Presentations: A Trial Lawyer’s Perspective
  • Keys to Effective Presentations: Invigorate Your Delivery and Increase Your Confidence

There are several essential features common to effective congressional testimony. These elements include a well-prepared witness, a well-written statement and oral testimony that is delivered in a manner that is clear, concise and articulate.

photo credit: LouisvilleUSACE

When preparing to testify before Congress, what the committee expects from the witness should be kept in mind. Once you understand what the committee expects from you as a witness, you will be able to prepare your testimony in a more effective manner.

Generally, the committee expects the witness to provide a statement for the record that is comprehensive and well-written. The witness is expected to be both professionally and personally prepared, forthright in their testimony and courteous at all times. In addition, the witness is expected to enlighten and educate the committee by providing information that was not previously known by the committee. The witness should be responsive to all questions and provide materials that may be requested during follow-up by the committee.

It is also important for the witness to be prepared to adhere to the rules and regulations of the committee regarding deadlines for the submission of documents and statements, both before as well as after the actual hearing. Time limits may also apply to the oral testimony – check with committee staff if you are uncertain of the limit.

The ultimate goal of the witness is to assist the committee in understanding the the topic of the hearing. The entire purpose of the Congressional hearing is for the committee to elicit more information than was previously known on a particular issue. Effective witness testimony helps provide this.

Not only must the witness be prepared to educate the committee regarding the subject of the hearing, but she must also advocate for their position or the position of their organization in a clear and articulate manner. All of these elements combined can help the well prepared witness to deliver testimony that is effective and compelling.

To learn more about providing effective testimony before Congress, consider our 1-day course Preparing and Delivering Congressional Testimony.

Reference: Testifying Before Congress, by William LaForge, Sections 2.18-2.20, The Essential Elements of Effective Congressional Testimony

Also see Section 8.40 “Committee Hearings” in Congressional Deskbook, by Micheal Koempel and Judy Schneider, and our Tips for Visual Layout of Oral Statement when Testifying Before Congress.

For detailed information about testifying before Congress, see

• Testifying Before Congress, by William LaForge
• Our live course, Preparing and Delivering Congressional Testimony
• Our Capitol Learning Audio Courses
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation
  • Effectively Using Persuasion in Your Oral Presentations: A Trial Lawyer’s Perspective
  • Keys to Effective Presentations: Invigorate Your Delivery and Increase Your Confidence