7/25/2019 Witness Interview

http://slidepdf.com/reader/full/witness-interview 1/2

WITNESS INTERVIEW

Witness interview is an integral part of a case, be it for the prosecution or the

defense. It is a strategy for both parties, not only to strengthen their cases, but also

to obtain and ipart inforation. !f course, interviewing of a witness is not solelydone by the lawyers of each parties, investigating or interviewing a witness is also

done by the police. "owever, all of the ais to obtain accurate and reliable

accounts fro such witnesses.

#s part of pre$trial, conducting an interview of a witness can be tric%y. Not

only is it hard to identify a potential witness in every case, there is also a proble in

regard to their willingness to testify in a trial. &efore a witness is interviewed, a

counsel, ay 'rst opt to chec% the docuentary evidence or the ob(ect evidence

available in a case to provide further %nowledge.

# group of lawyers in the )nited States of #erica have provided for a

general steps in interviewing a witness, “Greet the witness in a friendly manner. Berelaxed and aable to calm the witness. Smile if it seems appropriate. Explain who

 you are. Tell the witness why you want to visit. If the witness is a friendly witness

explain the importance and relevance of the witness! testimony to your case story 

and your theory of the case. "on#rm the witness! name address telephone

numbers and occupation. If the witness is a friendly witness who has previously 

$iven a favorable written statement show the witness his previous statement and

have the witness review it. Then have the witness tell you without interruption

what s%he &nows in a free runnin$ narrative. 'isten very carefully to what the

witness says. (hen the witness completes the uninterrupted story of what s%he

&nows )uestion the witness in detail on all the relevant aspects of the story.* + 

With regard to the preceding paragraph, this is where a lawyer devotes his

earnest e*orts in order to win the case. )sing this ethods, a lawyer now %nows the

facts thoroughly because he has stateents fro the witnesses and reports fro

the police. "e can now copare the facts of the case in order to point out the

inconsistencies ade which can be used to ipeach the witness of the adverse

party or to favor the witness of the party.

 +ustice aaran stated three things a lawyer ust ai in interviewing a

witness, “,irst to #nd out all the facts &nown to the witness as well as his

interpretation thereof- Second to secure a written record of the facts to refresh the

witness recollection later on or to impeach him if he $oes a$ainst his previous

statements- and third to befriend the witness.* 

   These points further theiportance of intensively getting the facts out in a possible witness in a case.

- oses, Ray. /ate #ccessed0 ay 1-, 23-4, 3-24". Interviewing and #dvising a

Witness. http055trial$advocacy.hoestead.co5advicetowitness.htl .

2 aaran, anuel R. Trial ractice in hilippine 6ourts. page 17. Si8th Edition.

2339. 6entral ublishing.

7/25/2019 Witness Interview

http://slidepdf.com/reader/full/witness-interview 2/2

# client ay also be witness in his own case. Though he is the client, it is

better if the version of facts is heard 'rst fro the report and witnesses rather than

the client. #n investigation prior client interview is favored because there are things

a client ight not divulge so it is better if a lawyer already has %nowledge of certain

facts of the case.

 To suari:e, in interviewing a witness, the prosecution and the defenseshould follow these steps0 ;-< Study the report fro the olice o=cers> ;2<

Investigate 'rst the crie scene and evidence to %now who are the possible

witnesses> ;1< If a witness is found, the lawyer ust always be epathetic of the

witness? position in order to get hi tal%ing> ;9< #lways write notes> ;@< #ong the

possible candidates, distinguish who is relevant and who is not.