In most criminal cases, the defendant enters a guilty plea and witnesses will not have to testify at a trial.
If you are asked to testify in court, you play an important role. Because the court system can be unfamiliar or even intimidating, it may cause unnecessary fear to those called to testify.
Subpoenas
If you receive a subpoena, read it carefully. It will tell you when and where to appear. It may also include additional items or documents you must bring.
After you receive the subpoena or notice, call 651-438-4555. Leave your name, phone number and the defendants name or the county attorney file number. If you have questions or a scheduling conflict, please leave a detailed message, and someone will contact you.
Preparing for trial
Review your written or recorded statement you made regarding the incident. If you do not have a copy of your statement or have questions, call 651-438-4555. Leave a message and someone from the Victim Witness Program will call you.
The day before you are scheduled to testify, call the trial status phoneline at 651-438-8350. The voice recording will state if your attendance is required. Oftentimes, cases are postponed or settled just before trial.
Tips for testifying
- Don't memorize your statement. Reflect on what you are testifying about such as the place of the incident, people or things present at the time, what happened, and what was said and by who.
- It is your responsibility to be truthful and accurate. When answering a question, tell the facts as you remember them. If you do not recall certain facts, it's OK to say so. Do not guess or speculate.
- Listen carefully to the questions asked. If you do not understand or hear a question, ask to have it repeated.
- Answer only the question asked. Do not volunteer additional information. If an attorney objects to a question, you should not answer until the judge tells you to or a new question is asked.
- If you are asked to give a yes or no answer but feel an explanation is necessary, tell the attorney that you would like to explain your answer.
- Dress appropriately. Wear neat and conservative clothing as court is a formal setting.
- Remember, the judge decides what the law is, and the jury decides if the defendant is guilty or not guilty.