What to Do When You Find Yourself as a Witness
December 14, 2015 @ 9:30 am
When it comes to legal proceedings, people generally worry about being a defendant or plaintiff. However, in most court cases there are more people involved with the trial. Some of the most important people for either side of a lawsuit are the witnesses.
The Importance of Witnesses
Witnesses are critical assets in proving or disproving any court case. In instances of personal injury, a witness can help validate a claim. For example, if a witness saw the accident, he or she can provide a detailed account of how it happened. Witnesses can also discuss what happened after the accident, establishing the impact of any injury that was sustained. With personal injury, a medical witness can explain the nature of the injury and its impact on the plaintiff’s life. In many situations, these witnesses are essential in proving a case and convincing a jury of a party’s innocence or guilt.
The Legal Obligation of Witnesses
Once you receive a subpoena, you are legally required to appear in court on the specified date. If you do not attend court on that date, you may be subjected to legal ramifications. Moreover, witnesses are legally required to be honest and forthcoming while on the stand. Considering all witnesses may be called on by either the defense or prosecution, they must be available for cross-examination. Witnesses may be asked to talk to lawyers prior to the court date, but this is not a legal requirement. In high profile cases, there may also be anxiety associated with giving a testimony, especially if a witness feels threatened from external pressures. In these instances, official police protection is available for witnesses who are fearful of the repercussions of their testimony.
How to Prepare as a Witness
Before going to court, it is wise to prepare yourself. While you should never fabricate any details on the stand, it is often helpful to sit down and think about what you know before arriving. Writing down your account of the incident in order to ensure that you do not forget any relevant facts can help you avoid confusion on the stand. This can also help clarify any issues with your testimony’s timeline that may be difficult to remember at first. While none of this is necessary to offer your testimony, it can provide clarity to your account and help the case proceed more efficiently.
What to Expect on the Stand
Arrive at court on time with your subpoena. You should dress professionally and be ready to make yourself available to the court officials. When you are called to testify, you will be sworn in by a court official. This oath ensures that you tell the truth while being questioned by both the prosecution and the defense. If you are uncertain about any questions, ask for clarification. Provide clear, concise answers and any relevant details. Never exaggerate on the stand or provide information that is not requested. If there is an objection during your testimony, always stop talking and listen for further instruction.
Get Legal Support
Witnesses are not on trial, but they should still ensure they have the legal support they need. If you have been called on as a witness and are concerned about your obligations or safety, please call Morrow, Morrow, Ryan & Bassett for legal advice. Located in Opelousas, our firm has helped clients with legal matters for more than 40 years. We can help you prepare and stay safe throughout the duration of the trial. Contact us to learn more today.
