You may be called upon to be a witness in a lawsuit or other legal proceeding where you are not a party. Your job as a witness in such a proceeding is very important. As a witness you must tell the truth. A witness who knowingly does not tell the truth could be subject to criminal prosecution and could face jail time if convicted.
The lawyer calling you as a witness and other lawyers involved may want to talk with you before trial. It is their job to try to find out what you know about the case, and they may explain courtroom procedures to you. Generally, it is your choice whether to talk to the lawyers before the trial; however, in a criminal case there may be consequences for not cooperating with the prosecuting attorney.
One or more of the parties in a lawsuit may want your testimony under oath before trial. The taking and recording of testimony before trial is called a deposition, usually conducted in the office of one of the lawyers. A word-for-word transcript is made of the deposition. A deposition helps the parties prepare their cases. Sometimes, the deposition testimony encourages the parties to settle before trial.
During trial, a lawyer may object to a question you are asked. If that happens, stop talking immediately. If the judge overrules the objection, you may then answer the question. If the judge sustains the objection, you may not answer.
If you feel that your answer — at trial or at a deposition — could connect you with the commission of a crime, you have the constitutional right to refuse to answer the question, and may talk with your lawyer before answering the question. If you cannot afford to hire a lawyer, the court may be able to provide one at no cost to you to advise you regarding answering the question.
Here are some general rules to follow when serving as a witness: