Your attorney will often have to determine if there is another way of getting the desired testimony in such circumstances. People who really want to testify often are bad or, worse yet, uncontrollable witnesses. This is where your attorney has to make some command decisions. Clearly, this is a tall order for some lay witnesses, particularly those closest to you, such as parents and siblings. The best way for your witnesses to help you is to remain matter of fact and unemotional in testifying. Your family law lawyer must explain to the witness that notwithstanding his or her personal feelings, allowing anger or dislike of the other side or opposing counsel to bubble over in the courtroom is going to hurt your case and damage the witness’ credibility with the court. The witness’s bias is often evidenced when he or she exhibits enmity for the opposing party or opposing counsel. When interviewing the witness, your attorney can identify possible problems and work with the witness to tone down the obvious agenda in play. ![]() Human nature is such that witnesses often bring a zeal to their testimony that can be counterproductive to your case. Make no mistake about it, nearly every lay witness called in a divorce trial is going to have some agenda, or rooting interest in the outcome. Your family law attorney will need to anticipate and recognize each the witness’s bias and prejudice. Each witness should be limited to the minimum amount of testimony necessary to obtain the facts needed from that witness, in order to avoid repeated instances of “I don’t remember.” Dealing with a witness’s bias and prejudice Each witness should have a purpose for testifying, and should know what purpose his or her testimony serves. In considering trial testimony from lay witnesses, less is often better than more. Your lawyer can even make up an outline of expected topics and questions that the witness can keep and refer to from time to time before testifying. Your family lawyer should have a good idea of what he or she wants to get from each witness before the preparation interview. An experienced family law attorney will identify what is needed from each witness, and organize his or her questions for the witness with these needs in mind. No single witness is going to be able to prove your entire case. Each witness’s testimony should have a purpose and a focus This will enable your lawyer to get a candid and realistic idea of what the witness can say under oath. ![]() In order to do that, the best procedure is for your attorney to interview the witness outside of your presence. ![]() Your attorney needs to know what the witness will really say. Often, people will tell you things expecting never to be called to appear in court and testify under oath. An advance interview will save you and your lawyer embarrassing moments in court, when the un-interviewed witness testifies totally opposite to the way you expected. Your family law attorney must interview each witness ahead of time. There really is no substitute for interviewing and preparing lay witnesses for their testimony. If your attorney determines that someone should not be put on the stand, your attorney will need to figure out another way to get into evidence the testimony the witness would have offered if it is essential to your case. Some people will not make good witnesses, not matter how well they are prepared. Your attorney will use the preparation meeting to select the best witnesses for your case. The experienced family law lawyer knows you and your witnesses will feel a great deal of anxiety and will be able to calm and reassure you. Most people aren’t comfortable being in a courtroom. After your family law attorney determines what witnesses and documents should be presented at trial, it’s time for your lawyer to meet with your witnesses and begin preparing them for their testimony.
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