Important Steps to Help Preserve Witness Testimony
Witness testimony is a powerful addition to any legal case. Whether you’re filing for damages following an injury or trying to clear your name against criminal charges, a witness can be especially beneficial. Witnesses are usually time-sensitive. People can easily forget important details and fast. Learn how to help preserve a witness testimony.
What Does it Mean to Preserve a Witness Testimony?
Preserving a witness testimony means detailing and documenting the witness’ story before they forget the important details. Court cases can be long, and it’s not uncommon for a witness to forget important details when they’re called on to testify. The defense may question their testimony’s accuracy or ability to recall important details.
There’s also no guarantee that your witness will be available for your trial date. Preserving their testimony now helps you document important details while providing you with a recording you can use later if necessary. If a witness lives out of state or out of the country, it’s possible that they may not make the court date.
Why Are Witnesses Important to Your Case
Witnesses add more details to a story. A judge and jury are more likely to believe your side of the story if you have someone that supports the same information. Witnesses offer value to most cases by sharing information like what they saw, what details contributed to the accident, and what happened after the accident.
For example, if you’re injured in a drunk driving accident, you and your lawyer may try to prove that the other driver was over the legal limit. If you have a witness who was at the bar that can attest to how many drinks the defendant had before getting behind the wheel, it can be beneficial to your case.
Steps to Preserve a Witness Testimony
Work with your legal representation to help preserve your witness testimony with the following steps:
- Request that the witness signs a sworn statement: Having the witness write out everything they remember as soon as possible after the accident is likely to get you the most accurate witness statement. Have a public notary present. Then, you and your lawyer can file the signed statement along with your case.
- Bring your witness to the deposition: A deposition occurs after you file a case and is a part of discovery. This gives the defense the opportunity to talk with and question your witness too. Everything that occurs during the deposition is recorded and can be used later in your trial.
- Request a speedy discovery: It’s possible to request that the judge speed up discovery if you’re worried that your witness won’t make it back at a later date.
It’s essential to work closely with your lawyer to preserve your witness testimony. A witness testimony can be a powerful addition to any case, especially if you don’t have any relation to the witness. Because of the time-sensitive nature of witnesses, you want to make sure you have a lawyer on your side that you trust. Without taking quick action, you may not be able to include your witness statement in your case.
Contact a Cherry Hill Personal Injury Lawyer to Discuss Your Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to an accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Gelman Law, LLC represent clients injured because of an accident in Cherry Hill, Camden County, Burlington County, Gloucester County, and throughout New Jersey. Call (856) 861-4236 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 850 Rt 70 West Cherry Hill, NJ 08002.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.