Prepping a Witness

Lawyers throughout their professional career will run into some major cases requiring a trial, evidence, the whole nine yards. In many of those trials a witness may be required to provide facts of that event in question. A witness is someone who testifies under oath providing firsthand evidence. Adding a witness to your case can more than likely boost the effectiveness of your side of the story, so in many situations lawyers try to bring in as many witnesses as they can (Nolo, 2009).

Determining the Facts
After determining who the witnesses for the case are, you then have to prepare them for the trial. With this, it is important they know why were chosen for the case and that they understand and remember the facts of the event they witnessed. It is important to be polite and clear with your potential witness when briefing them of the facts they remember about the event. Once it is determined that the information they possess is helpful to the case, you as the lawyer can then go on and prepare the questions you plan to ask the witness in court.

Planning the Questions
Careful planning of the questions is vital to the success of the witness. Questions should be well thought out and simple enough for the witness, as well as others in the courtroom to understand. Be sure that the questions you plan to ask are relevant to the case and that they are effective in getting the witnesses testimony across.

Practicing the Questions
Once the questions are determined, then ensuring your witness is prepared for the questions you plan to ask is the next step in this process. Make sure you practice the questions with your witness before the trial so they know what to expect and know how to answer the question you plan to ask. This will help you determine if the manner you are asking the questions, along with the wording is clear and easy enough for the witness to understand. Going over the questions beforehand will also better prepare the witness for trial and perhaps make them less nervous when the questions are asked. However, you cannot prepare them for cross-examination by the other party. That is something they have to do on their own, and hope for the best. Make sure the answers your client plans to give in court are clear, direct, and concise. Answers and the manner they are given will definitely impact the judge or jury deciding the matter.

Witness can make or break a case, and making sure they clearly understand you and everyone can clearly understand their answers is quite important in a case. Make sure the witness is well prepared and confident in answering the questions in court beforehand so they can provide vital information to you and your case. After all, you brought them into court to win you the case, not lose it for you!

http://www.nolo.com/