WITNESS PREPARATION


  1. TELL THE TRUTH. A lie may lose the case. Honesty is the best policy. Telling the truth, however, means more than refraining from telling a deliberate lie. Telling the truth requires that you testify accurately about what you know. When you tell the truth and tell it accurately no one can confuse you.

  2. DO NOT GUESS. If you do not know, say you do not know.

  3. UNDERSTAND. Be sure that you understand the question before you attempt to give an answer. You cannot give a truthful and accurate answer unless you understand the question. If you do not understand the question, ask the attorney to repeat it. The attorney will probably ask the court reporter to read it back.

  4. TAKE YOUR TIME. Give the question enough thought needed to understand it and form your answer, then give the answer.

  5. ANSWER THE QUESTION that is asked and then stop. Do no volunteer information. Do not volunteer information. Do not answer so quickly that the prosecutor does not have time to object to the question.

  6. TALK LOUD enough so everyone can hear you. Do not chew gum and keep your hands away from your mouth. You need to speak distinctly.

  7. Give an audible answer so the court reporter can hear it. Do not nod your head yes or no, or answer with "uh-huh" or "uh-mm".

  8. Do not look at the prosecutor for help when you are on the stand. If you look at the prosecutor when a question is asked on cross-examination or for their approval after answering a question, the jury or judge will notice and it will create a bad impression.

  9. Beware of questions involving distance and time. If you make an estimate make sure that everyone understands that you are estimating.

  10. DO NOT ARGUE with the defense attorney. He/she has the right to question you. If you give him/her smart talk or evasive answers the judge may reprimand you.

  11. DO NOT LOSE YOUR TEMPER. If you lose your temper, you may lose the case.

  12. BE COURTEOUS. Being courteous is one of the best ways to make a good impression on the court and the jury, "Yes sir" and "No sir" and address the judge as "Your Honor".

  13. If asked whether you have talked to the prosecutor, admit it freely.

  14. Avoid joking and wise cracks. A deposition and trial are serious matters.

  15. Give a positive answer when you can. If you were there and know what happened or did not happen, do not be afraid to "swear" to it. You were sworn to tell the truth.

  16. Bring notes, photographs or anything else you feel might be helpful to the case.

  17. If you need a break during deposition or trial, ask the judge or the prosecutor.

  18. Finally, LOOK AT THE JURY if it is a jury trial or the judge if it is a bench trial when answering the questions.

WHAT IS A...

DEPOSITION - an opportunity for the defense attorney to question you regarding your knowledge of the case. The prosecutor will be in attendance, a court reporter, the defense attorney and sometimes the defendant. If you are a victim of a sexual offense or domestic violence the victim assistance coordinator will also attend and the defendant possibly will not attend.

INITIAL HEARING - the defendant is given his/her rights by the judge, assigned an attorney if he/she cannot afford one and a trial date is set.

OMNIBUS DATE - when attorneys need to have any motions/discovery completed.

PRE-TRIAL DATE - the attorneys inform the judge the status of the case.

PLEA HEARING - the defendant pleads guilty and a trial is not needed.

BENCH TRIAL - a trial in front of a judge.

JURY TRIAL - a trial in front of jurors.