Witness for the Prosecution: How does that work?
November 7, 2022 10:15 PM Subscribe
TRIGGER WARNING: General mention of CSA:
I'm a witness in an ongoing civil suit and am hoping someone can tell me what I might expect in my role. Tips? Warnings?
Years ago, I was married and fairly close to my partner’s siblings, my in-laws. I was witness to some bizarre behavior by their parents and information was disclosed to me by both my then-spouse and her siblings about the parents' treatment of them as children, including physical, emotional and CSA.
Fast forward and now the siblings (excluding my deceased ex, obviously) are suing the parents for that CSA. I did not witness that long-ago abuse, but due to then-proximity to the family, I did see ongoing controlling and odd behavior even years later. That and the fact that so many details were disclosed to me about the abuse means I’ve been tapped as a witness by their lawyer.
This is fine, I am okay with telling what I knew and saw and what I was told then. I have had several discussions with their lawyer who is still in the discovery phase. I can’t answer any questions in this askme about the case – what it entails exactly other than failure to protect from one and abuse from the other or who is saying what. This possible even all these later in the country in which they reside. I don’t know any details of that case other than what I am sharing here.
My question - what might I expect in my role as a witness? Will the lawyer likely come back to me for a formal deposition? What sort of weirdness could or might the defense do? Is there any way I'm opening myself up to trouble by participating (not that I'll stop, I just want to be prepared)? Any advice greatly appreciated.
Years ago, I was married and fairly close to my partner’s siblings, my in-laws. I was witness to some bizarre behavior by their parents and information was disclosed to me by both my then-spouse and her siblings about the parents' treatment of them as children, including physical, emotional and CSA.
Fast forward and now the siblings (excluding my deceased ex, obviously) are suing the parents for that CSA. I did not witness that long-ago abuse, but due to then-proximity to the family, I did see ongoing controlling and odd behavior even years later. That and the fact that so many details were disclosed to me about the abuse means I’ve been tapped as a witness by their lawyer.
This is fine, I am okay with telling what I knew and saw and what I was told then. I have had several discussions with their lawyer who is still in the discovery phase. I can’t answer any questions in this askme about the case – what it entails exactly other than failure to protect from one and abuse from the other or who is saying what. This possible even all these later in the country in which they reside. I don’t know any details of that case other than what I am sharing here.
My question - what might I expect in my role as a witness? Will the lawyer likely come back to me for a formal deposition? What sort of weirdness could or might the defense do? Is there any way I'm opening myself up to trouble by participating (not that I'll stop, I just want to be prepared)? Any advice greatly appreciated.
It really depends on the case and where it's happening.
My experience is in California, but I was pleasantly surprised at how easy the process was for witnesses. The judge was polite and accommodating, and the cross-examination was reasonable.
Things I would have liked to know:
1. Especially for things that happened a long time ago, it's fine to not remember exact dates. It's better to be as vague as you need to than be tripped up by timelines. Like if you're pretty sure something happened in September but it was definitely in the Fall, you should say that instead of just saying for sure it happened in September.
2. There's a lot of uncertainty about trial schedule, especially with COVID. I wouldn't plan any travel for a few days before and after when you're going to testify, in case the witness before you goes too long or something.
3. Don't be too hard on yourself, you'll probably make mistakes or wish you had said things differently, but you did a good thing by helping with the trial.
4. On that, you don't have to help if it's becoming too big of a commitment or the lawyer is asking you to do something you're not comfortable with.
posted by hermanubis at 11:35 PM on November 7, 2022
My experience is in California, but I was pleasantly surprised at how easy the process was for witnesses. The judge was polite and accommodating, and the cross-examination was reasonable.
Things I would have liked to know:
1. Especially for things that happened a long time ago, it's fine to not remember exact dates. It's better to be as vague as you need to than be tripped up by timelines. Like if you're pretty sure something happened in September but it was definitely in the Fall, you should say that instead of just saying for sure it happened in September.
2. There's a lot of uncertainty about trial schedule, especially with COVID. I wouldn't plan any travel for a few days before and after when you're going to testify, in case the witness before you goes too long or something.
3. Don't be too hard on yourself, you'll probably make mistakes or wish you had said things differently, but you did a good thing by helping with the trial.
4. On that, you don't have to help if it's becoming too big of a commitment or the lawyer is asking you to do something you're not comfortable with.
posted by hermanubis at 11:35 PM on November 7, 2022
Are you going to be a witness in a court proceeding or give a deposition? They are two very different experiences. If you are testifying in court, the scope of the questioning is directly monitored by the judge and they can and will shut down questions that are not relevant, etc. In a deposition, on the other hand, there is no judge figure there and the attorneys usually have to police each other. Depositions can also take a LOT LONGER than testifying in court. Either way, the attorney who has tapped you as a witness should provide you with some preparation such as going over your proposed testimony, etc.
posted by tafetta, darling! at 6:37 AM on November 8, 2022
posted by tafetta, darling! at 6:37 AM on November 8, 2022
This thread is closed to new comments.
I can't comment specifically on the US, but they do have depositions of witnesses that may be videotaped. They can often be used as evidence. This makes testifying at a trial much less likely, as I understand it.
In BC (and I believe the rest of Canada), instead of depositions we have things called discoveries, which only apply to the parties. Witnesses only ever have formally mandated interviews by court application. This makes it more likely you would testify if there is a trial, as this is the only formal means of taking witness testimony here.
If you are cooperative, the lawyer will certainly want to have discussions with you in depth about your potential testimony eventually.
You could ask that lawyer (assuming you feel cooperative towards them) about other lawyers contacting you - if it happens, you can always say you will follow-up and then check first. Here (BC), we go by the principle that there is "no property in a witness", and any lawyer may contact any witness, but it is up to the witness whether to talk to them. If a witness will not answer questions in writing, this opens up a potential court order for a formalized interview. But other practices definitely vary. In the US, very broadly speaking, all parties involved have much broader rights to compel pre-trial witness participation in depositions.
You could ask that lawyer about what to do with any documents, text messages, or other sorts of evidence that could be relevant. You might also want to ask them about whether recording your recollections in writing would be helpful. Memories fade over time, and if frequently recalled, they change. It could be many more years before a trial, if one occurs.
Most often, cases do not go to trial. Expect to wait a long, long time before anything happens, if it happens at all. Most often, witness interviews by lawyers happen in the few weeks before an event where the witness is involved. We're horrible procrastinators that way.
posted by lookoutbelow at 10:40 PM on November 7, 2022