Witness Preparation Checklist

Pull the complaint, answer, key motions, and the operative scheduling order from the DMS. Confirm the elements at issue (claims and defenses) so prep is targeted at what the witness's testimony actually proves or rebuts.

Gather every prior statement: deposition transcripts, declarations, interrogatory verifications, recorded interviews, and any sworn filings. Inconsistencies between prior statements and live testimony are the single largest source of impeachment damage.

Build a Bates-numbered exhibit set the witness should review before prep — emails they sent, documents they signed, contracts they negotiated. Note any documents the witness has never seen so they aren't surprised on the stand.

Witness type drives the prep approach. Expert witnesses require Daubert/Rule 702 review of the report and methodology; 30(b)(6) corporate designees require topic-by-topic preparation on noticed topics; fact witnesses focus on personal knowledge and recollection.

Walk the expert through their own report section by section, including the methodology, data relied upon, and any opinions stated to a reasonable degree of certainty. Anticipate Rule 702 / Daubert challenges to qualifications, reliability of methodology, and fit to the facts.

For each noticed topic, identify the documents and information the designee must review to testify on behalf of the entity. Failure to adequately prepare a 30(b)(6) witness can result in sanctions and a preclusion order — the designee's lack of knowledge is treated as the corporation's lack of knowledge.

For employee witnesses, give an Upjohn warning: the attorney represents the company, not the individual. For third-party witnesses, confirm in writing that no attorney-client relationship exists. Document the warning in the prep file.

Use a dated timeline so the witness anchors their testimony to documents and events, not to memory alone. Identify gaps where the witness genuinely does not recall — these become honest 'I don't recall' answers rather than guesses.

Core rules: listen to the whole question; pause before answering so counsel can object; answer only the question asked; do not volunteer; if you don't know, say so; if you don't remember, say so; never guess. Reinforce that 'I don't recall' is a complete answer when true.

Walk the witness through any statement that conflicts with their current recollection — deposition pages, prior emails, declarations. Better the witness sees the impeachment material in prep than for the first time on cross.

Cover the order of proceedings: swearing-in, direct, cross, redirect, recross. Explain the roles of the judge, jury, court reporter, and bailiff, and that objections are between the attorneys — the witness waits silently until the judge rules.

Conservative business attire; address the judge as 'Your Honor'; speak audibly for the court reporter; verbalize yes/no rather than nodding; maintain eye contact with the questioner on cross, with the jury on direct narrative answers.

Confirm courthouse address, courtroom number, parking, security screening time, and the call time (typically 30 minutes before the scheduled start). Provide a direct cell number for the attorney in case of travel delay.

Run direct using the actual outline that will be used at trial or deposition. Time the segments and flag any answer that is non-responsive, rambling, or invites a damaging follow-up.

Bring in an attorney the witness has not worked with to play opposing counsel — familiar faces produce overly comfortable witnesses. Run aggressive leading questions, impeachment with prior statements, and the most damaging documents the other side is likely to use.

Walk back through the moments that landed poorly: non-responsive answers, defensive tone, guessing, fighting the question. Decide whether a second mock session is needed before the witness is ready.

Block a second mock session focused on the weakest segments identified in the debrief. For expert witnesses, this is often methodology defense; for fact witnesses, often the prior-inconsistent-statement passage.

One-page summary: courthouse address, courtroom, call time, parking, attire, attorney cell, what to bring (ID, glasses), what not to bring (phone in courtroom, notes the witness has not reviewed with counsel).

The trial or deposition attorney records a final go/no-go on the witness. If no-go, escalate to the case team to consider whether the witness should be withdrawn or substituted.