Prepping Non-Client Witnesses for Trial

Attached is the general outline when preparing for direct examination.

A few notes on preparation

• call all the witnesses at least one week before trial.
• when talking to the witnesses for preparation ALWAYS ask open ended and vague questions, don’t just recite the outline.  The goal is to find out information that they may say on the stand.
• When preparing be sure to title and save the outline as  JOE WILSON – DIRECT  or  STEVE JONES CROSS.  Trials get hectic and you might well forget the person’s name or what they are.
• When editing the trial outline anything in ( XXXX) is the hope for answer.
  • I know you think you are smart…and have a good memory…but as Mike Tyson said “everyone has a plan until they get punched in the face”.  Write the stuff down!
• Even if paperless…print it out.

family friends outline

Blank Trial Outline

Basic questions to ask the witnesses to get a sense:

1. can you tell me what kind of parent he is?
2. how often do you see him parent?
3. when is the last time you saw his souse?
4. how do you tow get along?
5. any concerns from his spouse?
6. how about him? any issues with X ni terms of parenting?
7. what do you do for work?

Divorce Trial Outline (Family/Friends)

1. Background
   1. How do you know Mr. Weller?
   2. How long have you known him?
   3. What do you do for a living?
   4. Are you married?
      1. Any children? (if yes, hold old are they)
   5. Where do you live?
      1. How often do you see Mr. Weller?
2. Kids
   1. You’ve had the chance to see Mr. Weller and his son (Logan?)
      1. How often?
      2. Can you describe what you’ve seen regarding their relationship? (is it good? Bad?
      3. Does it seem Mr. Weller get’s along well with his son?
      4. Is he in an involved father?
      5. (go over this…)
      6. How do you get along with Logan?
      7. What kind of kid is he?
   2. (IF THE PERSON HAS KIDS)
      1. You’ve got kids? Do they play with Logan at all?
      2. Have you ever had Mr. Weller watch your kids?
      3. When?
   3. Any concerns having Mr. Weller watch your children?
3. House
   1. You’ve been to the Weller house?
   2. How many times?
   3. Do you feel it’s an appropriate house for your (Grandson/nephew/etc?)
      1. No safety concerns?
   4. Have you seen Logan’s room?
      1. Any concerns that it’s not an appropriate room for a child?
4. Contribution towards expenses
   1. 1. Background
         1. What do you do for work?
         2. How do you know XXXXXX (dating and live together)
            1. Where do you live?
            2. Do you charge Mr. XXX rent?
            3. how much?
      1. How does he actually pay you?
         1. You cash those checks?
         2. do you ever not cash those checks?
      2. When did he start paying you rent?
      1. Does he contribute towards other household expenses?
         1. What are those?
         2. (be aware of Ex. 107..budget
            1. TV internet (145)
            2. House Maint. $200
            3. Groceries $350/month
5. Conclusion
   1. Is there anything you feel the Court should know about Mr. Weller as a Father, that you already haven’t said.