witness interview
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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.
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# 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.