Being a witness in court: what to expect & how to cope

Federal prosecutors’ advice to witnesses is clear: if you don’t remember or don’t understand, say so. Never make up an answer.

Being in the same room as someone connected to a frightening event can bring back strong feelings. Your body may react before your mind catches up.

If this worries you, tell the attorney who asked you to testify or the victim-witness staff ahead of time. They can tell you what to expect and what support exists.

Some witnesses know the people involved: a neighbor, a coworker, a family member. It is common to feel torn or to worry about fallout.

Prosecutors’ guidance says to admit every true fact without worrying about whose side it helps. That can actually lighten the load: your job is the truth, not the outcome.

If you saw something frightening, preparing to testify may bring back memories, poor sleep or jumpiness. These are common stress reactions after a hard event.

In civil cases, judges encourage the two sides to settle, and many do. If they can’t, the case goes to trial in front of a judge or jury.

Because so many cases settle, you may be asked to set aside time and then not be needed. That is normal, even if it feels frustrating.

A witness may be called by the prosecution or by the defense. Each side questions witnesses in turn.

If you are also the victim of the crime, see “Victims of crime & the court process: support and your rights.”

In a deposition, a witness answers questions about the case before trial, under oath, while a court reporter writes down everything that is said.

There is usually no judge in the room. The same honesty tips apply: listen to the whole question, answer only what is asked, and say if you don’t know.

Federal prosecutors explain that there is no defense attorney in grand jury testimony, but the grand jurors themselves may ask you questions.

Family court hearings can feel especially personal, because the people involved are often loved ones. Rules and settings differ a lot from place to place, so ask the attorney or the court’s self-help center what to expect.

In federal cases, a subpoenaed witness generally gets a $40 fee for each day of attendance, plus travel by the least expensive way. Parking, mileage and some meals or lodging may also be covered if you stay overnight.

State and local courts set their own rules, so ask the person who sent the subpoena.

Victim-witness coordinators in federal cases can, if you ask, let your employer or creditors know about your role in a prosecution.

Give your workplace as much notice as you can, and keep a copy of the subpoena to show them.

Federal victim-witness coordinators make travel and lodging arrangements for subpoenaed witnesses who live out of town.

Things worth asking about

• An interpreter, if English is not your first language
• Help with disability access or hearing support
• Where you can wait, and whether there is a private room
• Whether you can bring a support person

Courts and attorneys can only help with needs they know about, so it is worth asking.

The attorney who called you may want to go over the topics you’ll be asked about. That is a normal part of preparing, and you can truthfully say so if you are asked about it later.

Questions you could ask

• About how long will I be on the stand?
• Can I see the courtroom beforehand?
• What topics will you ask me about?
• Who else might question me?

Prosecutors ask witnesses not to share or ask about testimony with other witnesses until the case is over.

You can still lean on friends and family for emotional support. Talk about how you feel, not about what you will say.

Ideas

• Ask someone to come with you, if allowed
• Check parking or transit the day before
• Leave extra time for security lines
• Plan something gentle for afterward

In federal courts, a judge can order witnesses to stay out of the courtroom so they don’t hear what other witnesses say. This is a standard rule, not a sign that anyone distrusts you.

People you may see

• Attorneys for each side, who ask the questions
• A court reporter, who records every word
• The judge, who runs the hearing and rules on objections
• The jury, if there is one, who decide the facts

Jurors may share hallways, elevators and cafés with witnesses and may notice how you act. Prosecutors advise not discussing the case at all, and not even greeting a juror.

Before you answer questions, you will be asked to promise to tell the truth. Prosecutors suggest answering clearly, for example by saying “I do.”

You can say

• “Could you repeat the question, please?”
• “I can’t answer that with just yes or no. May I explain?”
• “I don’t remember.”
• “May I correct something I said earlier?”
• “That’s all I recall.”

Try not to

• Agree to a number or estimate that isn’t yours
• Get angry or sarcastic, even if a question feels unfair
• Guess to fill a silence
• Say “nothing else happened” unless you are sure

Prosecutors note that “That’s all I recall” is safer than claiming nothing else happened.

If you realize you got something wrong, or your answer doesn’t match something you said before, don’t panic. Prosecutors advise correcting it right away and explaining honestly how the mistake happened.

A quick reset

1. Notice your feet on the floor.
2. Take one slow breath out.
3. Ask for the question again if you need to.
4. Answer only that question, in your own words.

Staying polite helps you, too. Prosecutors warn that an angry or rude witness is less likely to be believed.

Ideas

• Do something soothing, like a bath, a show or a short walk
• Eat a proper meal
• Lay out your clothes and papers
• Set a cut-off time for thinking about the case

Try

• Feel the chair under you and your feet on the floor
• Hold something small in your pocket, like a smooth stone, if allowed
• Name three things you can see
• Sip water before you answer

Examples

1. Instead of: “I’ll mess this up.” Try: “I only need to tell what I remember.”
2. Instead of: “Everyone is judging me.” Try: “People here see nervous witnesses every day.”

Ideas

• A walk or gentle movement
• A meal with someone you like
• An early night
• Something absorbing that has nothing to do with court

Prosecutors ask witnesses not to discuss their testimony with other witnesses until the case is over. Ask the attorney when it is fine to talk more openly.

Upsetting memories, poor sleep and feeling on edge are common after a frightening event. For many people they ease with time and support.

If they last more than a few weeks or get in the way of daily life, talking to a counselor or your clinical provider can help.

Helpful

• Ask what would help, rather than guessing
• Listen to feelings without asking for details of the testimony
• Offer practical help: a lift, a meal, childcare
• Plan something kind for afterward

Less helpful

• “Just tell them exactly what I told you.”
• “You’ll be fine, don’t think about it.”
• Asking what they said on the stand

In federal cases, victim-witness coordinators explain court steps, tell people about court dates and can go with victims to court.

Many state and county prosecutors have similar staff. Ask the person who sent your subpoena.

VictimConnect offers confidential support and referrals for crime victims. Call or text 1-855-484-2846, or chat at victimconnect.org.

In England and Wales, for example, the Citizens Advice Witness Service and Victim Support help witnesses prepare, can show you around the court beforehand and support you on the day.

Elsewhere, ask the court or prosecutor’s office about witness support. For emotional support, findahelpline.com lists free helplines in many countries.