You may find yourself subpoenaed as a witness for a case at the Ada County Courthouse. Read below for information on what to expect when testifying.
TIPS FOR TESTIFYING
- Courtroom decorum and expectations. A criminal proceeding is an extremely serious matter. The judge, jury and court personnel expect witnesses to wear appropriate clothing in court. Do not talk to other witnesses about the case. Do not talk to jurors.
- Be truthful. State the facts simply and concisely as you know them. Witnesses who “tell it like it is” will be well received by judges and jurors, even if truth seems unfavorable. Do not inflate your testimony.
- Listen carefully to the questions and wait until the entire question is asked. Many witnesses are so anxious that they don’t wait until the entire question is asked. As a result, they often answer a different question than intended. Wait until the attorney asks the entire question before starting your answer. If an attorney objects to a question, wait to answer until the judge instructs you to do so.
- Answer only the question asked – Do not guess. Focus on only the question asked and don’t volunteer information. Take your time and think about your answer. If you don’t know, say you don’t know. If you don’t remember, say you don’t remember. It is okay to ask for clarification if you don’t understand the question. Always answer out loud so that the court reporter can make an accurate record. Do not shake or nod your head.If you realize you have given misinformation, immediately advise the judge so you may be allowed to correct the error. If you have already left the stand, tell the prosecuting attorney at the next break.
- Be cooperative, don’t argue with the questioner. Witnesses should be cooperative in answering questions and should not show antagonism on the stand. However, cooperation and courtesy do not require witnesses to give the questioner the answer you think they want. Do not be coerced into in an inaccurate answer just to appear cooperative. Avoid letting your emotions interfere with our testimony and avoid displaying an “attitude” on the stand.
WHAT TO WEAR
The prosecutor’s office suggests wearing business professional or business casual clothing when called to testify.
WITNESS REIMBURSEMENT
Witnesses are entitled, as set by statute, to an appearance fee of $8.00 per day, plus round trip mileage, that is paid by the Trial Court Administration. Please stop at the Ada County Prosecutor’s Office on the third floor of the courthouse and ask our front desk staff for a witness claim form. Please make sure you sign the form and leave it with the staff at the front desk. You will receive your witness appearance fee and mileage, if applicable, within six to eight weeks.