Dress neatly: A neat appearance and proper dress in court give an important first, and lasting, impression.

Conduct yourself in a dignified manner: The trial of a criminal case is a serious matter.

Be prepared: You should know days or weeks ahead of time that you will be testifying in court. Think ahead of time about the answers you will give to the questions you expect will be asked. Think about the incident and what happened so you can recall the details accurately when you are asked in court. If you need help remembering these details, write the facts down. If you have already written a statement for the police, ask the Assistant Prosecutor for a copy; reading it may jog your memory on some details.

Do not try to memorize what you will say in court. Jurors are hesitant to believe testimony that sounds "scripted". Also, the lawyers' questions may not coincide with your expected answers.

Arrive on time ... but be patient: Your subpoena tells you where to be and what time you are expected at court. Get there on time, or a little earlier. Check in with the Prosecutor's office, or court personnel. You might not be the first witness called, so please be patient.

Stick to the facts: The Judge or jury only wants to hear the facts as you know them to be, not what someone else told you.

Relax ... speak clearly: You have nothing to fear when giving true answers. When you are asked questions, give your answer as clearly as possible.

Expect to be questioned by several people: One of the basic rules in a criminal case is that both sides have a chance to question every witness. Questions asked by both sides have the same goal --- to find out what is true.

Do not lose your temper: Be courteous. Don't let the defense lawyer upset you. It may seem at times that he or she is trying to pin you down, but he or she has the right to test how many of the facts you know and accurately remember.

Don't start to answer a question until the question is finished: If you haven't yet heard the entire question, you don't really know what you're being asked. Don't "jump the gun" by answering what you think the question will be (when it is finished).

Think about your answer before you give it: Your every word counts. Be descriptive. Be accurate. Vague or inconsistent responses give other people a chance to (mis)interpret what you meant your answer to be.

Answer all questions to the point: If the question calls for a short answer, give a short answer; if you need to explain, explain.

Answer only the question asked: Do not volunteer additional information.

Don't exaggerate or guess: If you don't know the answer to a question, say so --- If you don't remember the information that you are asked about, say so.

Answer the questions verbally: Your testimony is being recorded (either tape recorded or written down). No head shakes or head nods, or "uh-huh" / "uh-uh" instead of saying "yes" / "no"!

Look at the jurors and speak to them when testifying: Jurors are ordinary people, like yourself. They consider attitude, facial expressions, and body language when evaluating testimony.

If you don't understand or didn't hear the question, ask that it be explained or repeated.

If your answer was not correctly stated, correct it immediately.

Never attempt to talk to a juror about the case or any other matter while the case is being tried. This includes chance meetings during recesses, in hallways, at lunch, or any other place.

If either lawyer raises an objection, stop speaking at once! After the Judge has ruled, you will be instructed whether to continue.

The Prosecuting Attorney's Office will assist you with any questions you may have prior to your court appearance.

     

Why am I a witness? I didn't see the crime occur.

You may not think that what you know about the case is very significant; however, small pieces of information are often required to determine what really happened. If you wonder "why" you are testifying in a particular case, ask the Assistant Prosecutor handling it (or your Witness Coordinator); there is probably a common-sense reason.

Your presence and willingness to testify may be the deciding factor in determining what will be done in the case. Many defendants hope that you or other witnesses will not show up. Your mere presence at the Courthouse before the trial may cause the defendant to plead guilty.

What if someone threatens me?

What if the defense attorney contacts me?

Do I have to testify in front of the defendant?

The defendant must be present in court to hear what all the witnesses say about him. The lawyer for the defendant is called the defense attorney and will ask you questions after the Assistant Prosecuting Attorney does.

Who will be with me in court?

How long will I be at court?

How many times will I have to appear in court?

The stages involved in processing a criminal case are summarized on our Steps in a Criminal Case page. In general, your first and only appearance for misdemeanor offenses will be for the actual trial. In a felony case, the first time you appear as a witness may be for the preliminary examination. On rare occasions, pre-trial motions by the defense attorney or by the prosecuting attorney may require additional hearings before the trial begins, which may require witness testimony.

What if my employer won't let me come to court?

Can I get witness fees whether or not I attend on the date stated in the subpoena? What if I can't attend on the date stated in the subpoena?

How do I know if my case has been "called off"?

Call your Prosecuting Attorney's office. Some offices use a daily witness "hotline".

I was subpoenaed by the defendant, not the prosecutor. Does this change anything?

Your Prosecuting Attorney's Witness Assistance program helps the witnesses that the Prosecutor's office subpoenas to court, not witnesses whom the defendant subpoenas.

What if I need an interpreter?

Foreign language interpreters and interpreters for the hearing and/or speech impaired are available. If you are in need of interpreting services while in attendance at court, contact your Prosecuting Attorney's Witness Coordinator as soon as possible.