May 28, 2020

Podcast - The Remote Witness: Preparation Process

Remote Witness Preparation Series

In the second episode of his "Remote Witness Preparation" podcast series, The Remote Witness: Preparation Process, litigation attorney Dan Small shares some specific ideas on the process for preparation in a remote environment.

1) Share a Rules Booklet – It’s important to give a witness something tangible to hold when they have their first meeting. A rules booklet will be a helpful resource that a witness can continue to refer to during the remote preparation process.

2) Provide an Issues Outline – It’s extremely helpful for a witness to have a written summary on what the issues are and what documents relate to them. It’s easy for a witness to become distracted in a remote environment. Providing an outline of what the witness specifically needs to know will help keep them focused.

3) Create an Exhibits Binder – If there are key documents that need to be reviewed with a witness during the preparation process, consider putting hard copies in a binder and sending them in advance by mail. It will be easier to have a witness become familiar with these documents if they have them in front of them.

4) Perform a Dry Run –Make sure a witness is familiar with the technology being used and the resources you have provided. A dry run will allow a witness to feel more confident in what to do during the remote testimony.

5) Make Sure Your Witness Knows They’re on Camera – In a remote environment it is important for the witness to understand that they should speak and act as if they are in the courtroom.

To prepare a witness for a remote interview or testimony, counsel must consider what makes the preparation process more challenging and plan ahead for those challenges. You are setting yourself and your witness up for success by applying these five ideas.

Listen to more witness preparation podcasts here.

Related Insights