Preparation

• Jurisdiction: Maryland

IV. PREPARATION

During the course of your trial preparation, it is imperative to review the testimony and exhibits with all witnesses. Both the lawyer and the witness must know what to expect. Never put a witness on the stand without a prior "rehearsal" of the questions which you will ask the witness on direct examination and make sure you know what the answers will be. It is also important to "cross-examine" your own witness to prepare the witness for cross-examination at trial. In determining where in the "batting order" a witness should be placed, it is important to evaluate both the witness and his or her testimony. Factors to consider are: Is the witness credible? (Be skeptical.) For example, did the witness see? Could he or she see? Does he or she remember? Does the story check? Is the witness confused? Is the witness too eager to help? Will the witness help or hurt the case? (If the witness will both help and hurt the case, make a decision about whether you need to call the witness.) Remember, it is your decision about whether to call a...