How to Question Your Witness At Trial

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If you are representing yourself in a trial at court and you bring in a witness that could be the key to winning your case, you could still lose. How is that possible? Because you didn’t ask them the right questions to support your claim. Do you want to know how to question your witness? Here are a few suggestions.

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Instructions

Difficulty: Moderate

Things You’ll Need:

Pen
Paper
Supporting documents

Step1

Remember that any witness you choose must have first-hand knowledge of the issue with evidence that will support your claim.

Step2

Get all your evidence in chronological order and in a binder.

Step3

Write all your questions out clearly on a sheet of paper prior to the trial. Different witnesses might be asked different questions so make sure your questions properly address each witness. You do not need to share these questions with the other party.

Step4

Review these questions with your witness(es) so that they can identify any documents that are pertinent to their testimony. These particular documents will be submitted to the judge as an exhibit at the trial.

Step5

If during this review your witness is able to provide other supporting documents that you weren’t aware of, make sure you file a copy with the court and serve another copy to the other party prior to the trial.

Step6

Do not coach your witness as to how to answer your questions. The review has made them aware of what you will be asking and what documents you will be using to support their testimony. If you feel their answer on the stand has not properly explained what you want, then simply rephrase the question.

Tips & Warnings

When you have prepared your questions and the witness ahead of time, you will also know ahead of time whether this witness’ evidence will be sufficient to support your claim or whether you will need to provide more witnesses.
Even though you have reviewed the questions with the witness ahead of time, that person could get nervous on the stand and not answer exactly as you had hoped. Be careful you don't coach the witness or tell them how to answer.