Organizing Your Testimony Before You Go to Court

Witness Characteristics The following characteristics should be assessed for each witness:

• Demeanor. How will the witness appear and behave in court? Will the witness be nervous or irritable? Will the witness be appropriately dressed? Will the witness answer only what is asked?
• Believability. Will this witness offer believable testimony?
• Impeachability. Is there any negative information about this witness that the other side will use to diminish the value of his or her testimony?
• Cross-Examination. How will the witness behave when cross-examined?
• Truthfulness. Can you count on the witness to be truthful?
• Availability. Will the witness be available to participate in the litigation? Will you have to compel his or her attendance?