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.

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 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.

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.

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.

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).