When interviewing a witness, keep these points in mind:Īre there any other forms of evidence or other testimony that will validate what the witness will testify to? This will help establish the witness's credibility.Īre there any concerns regarding the competence of the witness? If yes, how can these be addressed? Are there available means to bolster (or attack) the competence of the witness you are interviewing? Similar to a deposition, but only one side is present, and therefore does not carry the weight of a deposition. The signature turns the transcript, essentially, into a formal statement.Ī statement made in the presence of a court reporter, who swears the witness in prior to the statement being made. Trust the process.Ī written statement will be either formal (prepared in advance or after the interview and typed) or informal (usually handwritten and spur-of-the-moment).Īudio or video taped statements may be taken, or the paralegal may have the interview transcribed, and ask the witness to sign the transcript. ![]() The amazing thing is that once the ball starts rolling, one witness leads to more witnesses, who in turn lead to even more witnesses. The most oft overlooked source for potential witnesses in a case are the pleadings, correspondence, and other documents already in the client file. Your job is to scour the available information to find potential information or witnesses. There are times when, at first, it seems there are not witnesses to interview. ![]() ![]() Sometimes when starting on a case a paralegal (or attorney) struggles with where to begin, or what witnesses may be found. Much of the work a paralegal does when investigating is to locate discoverable information and witnesses. In a law firm, investigation is very closely related to discovery. There are many functions a paralegal may perform that fall into the category of investigation.
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