Aguilar, Ares Victor S.

2011-80002

Ordinary Witness Trial Preparation

Obtain past trial transcripts of your witness and opposing counsel, if any. Orient your witness. Provide your witness with general advice: to tell the truth and actively listen to the questions the opposing counsel may ask. Be yourself. Staying calm, relaxed, and composed will allow him to recollect any memories that would help him in his testimony. Their job is to answer the questions truthfully and articulately. They should focus on the actual question asked. Tell the witness to not hesitate to speak in the vernacular. It is not necessary that the witness speak in English all the time. If the witness doesnt know or doesnt remember, they should just say so. Dont answer an unintelligible or confusing question. If there is an objection wait until the objection is resolved before answering. Identify areas of vulnerability of the witness. Independently ask the witness to identify additional areas of concern. Conduct a mock direct and cross examination with the witness. Explain to the witness how he should prepare on his own. Make the witness more confident. Confidence would allow him to make a favorable impression as a witness. Make sure that the witness remember his statements in his deposition. Thinking of the most difficult questions that counsel might ask and being prepared to truthfully and artfully reply to them. Demonstrate to the witness the cross examination tactics they are likely to face. Expose the witness to trick and difficult questions.