Preparation
• Prepare Yourself Review your paperwork and reports. Be familiar with the circumstances, times, dates, and names involved in the case. If possible, visit the courtroom in advance to get a feel of the room.
• Always Tell the Truth As a witness, you have sworn to tell the truth to the best of your ability. Whatever the effects the facts may have on the case is solely the concern of the judge or jury. When you finish testifying, your part in the court proceedings is over.
• Prior Statements Anytime a person tells the same story twice, no matter how carefully, there are likely to be at least some differences. If there is an inconsistency with a prior state ment you made, simply tell what you known to the best recollection you have. If there is an explanation for the inconsistency, give it (“If I said the evidence was returned on April 7th, I misspoke. It was returned on April 17th”). Your paperwork and notes should support your statements, be aware of this as you work.
• Don’t Discuss the Case with Anyone It is possible that the defendant, his attorney, or someone on his or her behalf may try to talk with you about the case. You may if you wish, but you don’t have to discuss the case with anyone. It is not up to the prosecution or the defense to tell you whom to talk with. The only time you must answer questions is on the witness stand—that is the only time you are required to talk. If you do discuss the case prior to taking the stand, you may be asked about any alleged inconsistencies between your testimony and what you told whomever you spoke with. You will not have a court reporter’s transcript to confirm or refute your claims. If the opposing attorney pulls you aside or wants to talk privately in the hallway, simply tell him or her that you’d be glad to do so with the other attorney also present. Otherwise you may make a statement ex parte (away from one party in the case) that will then become part of the attorney’s questioning in the courtroom (“Didn’t you just tell me in the hallway).
