Witness Preparation Guide
How to prepare witnesses to testify on your behalf in small claims court.
Do You Need Witnesses?
Not every case needs witnesses. Strong documents often speak for themselves. However, witnesses can be crucial when you need someone to confirm what happened, authenticate documents, or provide expert opinions on quality or value.
Types of Witnesses
Eyewitness
Someone who saw what happened
→Review what they saw with them (don't coach, just remind)
→Ask them to focus on facts, not opinions
→Make sure they can be available on court date
Character Witness
Someone who can speak to your reliability or the other party's history
→Discuss what aspects of your character are relevant
→Keep their testimony brief and focused
→Note: Judges often limit character testimony
Expert Witness
Professional with specialized knowledge
→May not need to appear—written opinion may suffice
→Get their credentials ready to present
→Focus on their professional opinion of the facts
Documentation Witness
Someone who can authenticate documents or records
→Make sure they bring relevant records
→Verify they have authority to testify about the documents
→A letter or affidavit may be acceptable instead
✓ DO
Meet with your witness before court
Review what they'll say (without coaching)
Give them the court date, time, and location
With directions and parking info
Tell them what to wear
Professional, conservative clothing
Remind them to tell the truth
Lying under oath is perjury
Prepare a few key questions to ask them
Guide their testimony effectively
Thank them for their time
They're doing you a favor
✗ DON'T
Tell them what to say
Coaching is unethical and can backfire
Promise them anything for testifying
Could be seen as bribery
Have them lie or exaggerate
Perjury is a crime
Surprise them on court day
They need to know what to expect
Bring too many witnesses
Judges prefer quality over quantity
Let them ramble
Brief, focused testimony is more effective
Sample Questions to Ask Your Witness
In small claims, you ask your own witnesses questions to bring out their testimony. Here are sample questions organized by purpose:
Establishing the Witness
- "Please state your name for the record."
- "How do you know the plaintiff/defendant?"
- "Were you present on [date]?"
What They Observed
- "Can you describe what you saw/heard?"
- "Where were you standing when this happened?"
- "What time did this occur?"
- "What happened next?"
For Expert Witnesses
- "What is your profession and experience?"
- "Did you have the opportunity to examine [item/work]?"
- "In your professional opinion, what did you find?"
- "Is this consistent with [industry standards/normal wear]?"
Wrapping Up
- "Is there anything else relevant you observed?"
- "Did you document this in any way (photos, notes)?"
Tip: Ask open-ended questions that let them tell the story. Avoid yes/no questions and leading questions (questions that suggest the answer).
What to Tell Your Witness Before Court
Logistics
Date, time, courtroom number, address, where to park, and where to meet you.
What to Expect
Small claims is informal, but they'll be sworn in and speak to the judge.
What You'll Ask
Go over your questions so they know what topics you'll cover.
Cross-Examination
The other party may ask questions. They should answer honestly but briefly.
How Long
Their part will likely be brief (5-10 minutes), but there may be a wait before being called.
Alternatives to Live Witness Testimony
Written Statements (Declarations)
If a witness can't attend, they can write a statement explaining what they know. It should:
- • Be signed and dated
- • Include their contact information
- • State facts, not opinions
- • Ideally be notarized (not required in all courts)
Note: Written statements are given less weight than live testimony.
Phone/Video Testimony
Some courts allow witnesses to appear by phone or video. Check with your court in advance and get permission. This is often allowed for out-of-state witnesses or those with hardships.