Divorce and Testimony of Adult Witnesses

At the Law office of David P Schwarz we have handled many Orange County divorce trials where there have been witnesses including the client who must testify at trial to gather evidence for the Judge to determine the outcome of certain divorce issues. Please contact our office at 949 735 9266 or via the web for a consultation. We can also be reached by email at dpslaw66@gmail.com.

If a trial is scheduled in family law court and testimony is to be given by the parties it is the Attorney’s obligation if there is an attorney representing a party to prepare the witness for what they need to testify to at trial.

A Divorce attorney should prepare the witnesses they have for trial. Each witness should be interviewed at least 60-90 days before trial to run through the issues that will be addressed on direct, discuss the matters that might be raised on cross-examination, and advise as to general courtroom decorum and procedures. In addition, the witness should be refreshed 1 or 2 days before trial about what they are going to say.

A Divorce lawyer will warn their client or potential witness that the attorney cannot testify on you own behalf as that is unethical and could lead to perjurious testimony. That is why preparation of the witness long before the trial is very important so they understand how to answer questions and are prepared for the type of questions the lawyers will present to the witness while at trial.

At the Law Office of David P Schwarz we have experienced numerous trials where witnesses are called to testify in front of the Judge or in front of the Jury. In either scenario it is important the that witness not be nervous or exhibit fidgety and nervous behavior that would have the appearance of making the witness look like they lack credulity.

Also an Orange County Lawyer will explain to the witness that interrogation by the attorneys of a witness on the stand is a normal and necessary tool used to gather evidence at trial. The attorney should explain to them that they need to understand that this is what goes on. They should explain that there is direct testimony asked by their own lawyer. In addition, the attorney should explain that the other attorney will ask questions called the cross examination.

A Divorce lawyer will explain to their client and or witnesses that documents will be introduced into evidence and shown to the witness. The witness will then testify to the documents if she knows what they are and has personal knowledge about the documents she is shown at trial.

A preliminary walkthrough of the questioning is ideal prior to the trial so that the witnesses have some sort of pace as to the questioning. Also it will familiarize them on how the questions will be done and how they respond.

At the Law Office of David P Schwarz we have many years of trial experience where we have brought numerous witnesses to testify at the Orange County trial. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.