I am beginning my answer with the assumption that the witness is my client.
First of all, I would make sure that the witness is well-groomed (make him get a haircut, shave, and bathe), as well as dress conservatively. The visual element tends to add to credibility. I am speaking from the point of view as a social psychologist.
Secondly, I would make sure he was well prepared for testimony. That means I would in my capacity as an attorney, make him go through a practice session so that he knows how to answer questions and does not get rattled by cross examination. This practice session would both get the witness prepared, set in MY mind what he is going to say, and serve to reduce the amount of stress the witness would feel on the stand.
If the witness is not my client but is not a hostile witness, I would still continue to try to have him or her well groomed and well dressed so as to make a good impression. If I have it in my power, I would like to have a practice session with that witness. If that is an impossibility, I would get as much information about what the witness is going to say that there are no surprises once he or she is testifying.
As general decorum, it is best to always be respectful with a witness. It will mean smiling, offering to rephrase the question if need be, and even repeating and reflecting on the answers given. I would try to clear up any inconsistencies in statements made before turning the witness over for cross examination. If I have to, I will state: "You said X, Y, and Z. You seem to be saying that ---------. Does it mean this ----------- instead?
2007-12-03 08:46:41
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answer #1
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answered by Mark 7
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