What to Ask Your Witness When It Comes to Witness Preparation

Written By Alla Levin
September 08, 2021

What to Ask Your Witness When It Comes to Witness Preparation

If you are the one in charge of getting people prepared for trial, you have a lot on your plate – this can be a daunting task that will be the difference between someone setting off on charges and someone going to jail for the rest of their life.

Since you have a lot of responsibility on your shoulders, you tend to make sure the people you will be questioning on the stand and under Oath are reputable, trustworthy, and ready to take to the court.

If you find they are nervous, are not well-versed in their answers, and are not confident in what they are saying, this can detail your entire case and cause your client to lose.

However, if you have done your job and feel that they are ready to answer questions, confident, and can handle tough questioning techniques, you will be able to increase the likelihood of winning the case for your client!

The importance of witness preparation (prep)

If you are the lawyer who is in charge of witness preparation (prep) for your client, then you need to make sure you do a thorough education, examination, and preparation with every single person.

If you find that someone is not ready to take on the intense atmosphere of the court, get rid of them – you don’t need anyone unsure, struggling, and cannot find their words. Instead, focus on those ready to answer the tough questions and who are confident to answer appropriately.

Ask them how they feelwhat to ask your witness

When it isn’t on witness preparation (prep) for your client, one of the first things you should include is to ask each witness if they are okay and how they feel. If you find they are already nervous, don’t know what to say, and are stressed before the trial begins, you should go with someone else.

Develop themes and anchors with the witnesses

The second step with witness preparation (prep) for your case is to develop themes and anchors with the witnesses. Come up with ideas for them to remember what to talk about, such as focusing on specific topics and themes that help prevent them from going off track and saying the wrong thing in court.

Learn how to emphasize the witness’ strengths

The second aspect to consider when looking into witness preparation (prep) for your case is to learn how to emphasize the witness’ strengths. If your witness is great at public speaking, choose them to speak more.

If they are very likable, play to their sympathy. If they are a teacher who everyone empathizes with because they need to work two jobs to sustain a minimum wage, play to that

Educate the witness about various questioning techniques

The last way to be fully prepared for witnessing preparation (prep) is to educate the witness about different questioning methods that will run into when speaking to the other side during the day in court.

Conclusion

If you are in charge of witness preparation (prep) for your client, you need to take your job seriously. Ensure you develop themes with your witnesses, play to their strengths, and educate each person about the different questioning techniques they will have to endure.

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