How to Draft Witness List

It’s critically important that we list everyone who we may possibly call at trial.  The theory is that we list everyone but then we can limit it once we get closer to trial.  Remember, if we don’t list the person they cannot be called as witnesses!

See MyCase for template

Gathering Information from Client

• Ask client to get you the names, addresses, and phone numbers of anyone they may want to call as a witness.
• Tell client to immediately let each and every witness know that they have provided their information to us as a potential witness and that we may be reaching out to them. We do not want a list of people who didn’t know they were a potential witness and do not want to testify.
  • For matters regarding custody, we want people who have seen our client with their child on a regular basis. Suggestions include their significant other, mother/father, client’s siblings, aunts, uncles, coaches, family friends, Boyscout leader, youth group leader, pastor, etc. Ask them to narrow it down to the 3-4 relatives and 3-4 friends/acquaintances that see them with their child most often AND would be willing to testify.
  • For matters regarding finances, witnesses will vary greatly, but perhaps people who can testify to the lifestyle of the parties, financial dealings, direct information about any non-marital claims.

General Rules

• List name, relationship to client, and address
• Do not indicate what they will be testifying to
• Do not put telephone numbers on the list (we use that information solely for contacting the witnesses)
• Don’t forget to list our client and the opposing party.
• Ensure the experts are on the exhibit list and are fully aware that they are testifying