Kentucky and Indiana Mechanic's Liens

Article 9 of Uniform Commercial Code

“Tips, Tricks & Traps”
The Legal Collection Process

Witness Preparation

SECTION E

GENERAL CONSIDERATIONS

Shon Leverett

E.01 ON YOUR DAY IN COURT

The following are some miscellaneous suggestions which will prepare you in advance of giving testimony on the day of the trial. Succinctly stated they are as follows:

Dress neatly, but do not overdress. Your normal business attire is probably about right.
If you received a subpoena, take it with you. It may prove useful, if you are not sure in which courtroom the trial is being held.
When you arrive outside the courtroom, if you do not know the attorney who as subpoenaed you, ask for him and introduce yourself. If the trial is in progress and you must wait for a recess, it is usually best to remain outside the courtroom.
The attorney will probably want to discuss your testimony with you, which is a proper thing to do. If you are producing company records however, do not turn them over to the attorney until the Judge orders you to do so, unless the attorney for the company is there or you have been told to do otherwise. See Dombroff at 23.

E.02 COPING WITH ANXIETY

Being a witness is, except for some experts, nobody’s profession. As a result, not only is an individual dealing with an unfamiliar set of circumstances but also a rather intimidating set. Both the courtroom and proceedings are foreign to most witnesses. The Judge may be intimidating and the atmosphere is often charged based on the underlying dispute between the parties in litigation. See Dembroff at 26. Mr. Dembroff, a renowned witness preparation advocate has created a number of techniques which can help relax the nervous witness and not make the courtroom experience more intimidating than it already is. He suggest the following:

Consider videotaping a preparation session and some practice questions and answers so the witness can see himself on videotape. A witness can frequently receive substantial enlightenment as to how he or she looks to others by seeing themselves on videotape.
Alternatively to videotape is to simply audiotape practice questions and answers and play them back so the witness can at least hear how he or she sounds.
Take the witness to the courtroom where the trial will be held while court is both in session and out of session. Highlight where everyone sits, what role they have in the trial and explain what the proceedings are that are taking place. When the court is out of session, have the witness sit in the witness chair as well as at counsel’s table, at the Judge’s bench, in the jury box and anywhere else so that he feels comfortable in the courtroom and he has an understanding as to what everybody can see and hear. Show the witness where you will be standing during the questioning as well as where your opponent will most likely be.
Make sure your witness is familiar with any exhibits which you will use during your direct examination as well as any which you believe your opponent will use during cross-examination. It is obviously not a very good idea for the witness to see those exhibits for the very first time on the witness stand.
Consider having the witness’ spouse present during the preparation session as well as the courtroom visit. While this may not always be a good idea as it may make the witness even more nervous, with some people and in some circumstances it may be helpful in relaxing the witness and giving him or her additional confidence.