Testifying in Court

Stearns County Attorney
County Attorney: Janelle P. Kendall


Testifying in Court: Guidelines to Assist You as a Witness

As a witness, you may be unfamiliar with the procedures of a criminal hearing or trial. This document is designed to provide guidelines in preparing for your testimony in court. The staff at the County Attorney's Office are available to answer any questions that you may have.


Your Rights as a Witness

Witnesses play an important role in the search for justice. As a witness you have legal rights.

  1. An employer cannot discipline or discharge you because you are subpoenaed to testify,
  2. A separate waiting area away from the defense witnesses is available,
  3. You will not be required to disclose your home or employment address unless ordered by the court.

It is also against the law for any person to use force, threats, or coercion to prevent or dissuade a person from testifying in a legal proceeding or reporting a crime to law enforcement.


When You Receive a Subpoena

A subpoena is an order of the court and serious penalties can attach for your failure to appear.

  1. If you have been issued a subpoena, read it carefully. A subpoena always gives directions on when and where you are to appear.
    The subpoena may also be a "duces tecum" which requests you to bring something with you. The item(s) you are to bring will be listed on the subpoena underneath the box marked "duces tecum".
  2. If you are requested to come to the County Attorney's Office, you will find us in Room 448 of the Administration Center, 705 Courthouse Square, St. Cloud or call 320.656.3880.
  3. Should you have any questions, change your name or address during the course of a case, or should any exceptional circumstances arise, please call the Stearns County Attorney's office at 320.656.3880 or 1.800.450.3880 and inform them of the change.
  4. Bring your subpoena with you to court. It must be signed by a representative of the County Attorney's Office and returned to Court Administration.
    You may be eligible for some expense reimbursements; please read the back of the subpoena. Collect receipts for expenses such as child care, loss of wages, meals or mileage. Reimbursements should be mailed to you within a few weeks of the court hearing.


Before You Appear in Court

  1. If you have previously given a formal statement to a law enforcement officer or an investigator and have a copy, please review it carefully before coming to court.
  2. Don't try to memorize what you are going to say. Go over in your mind those matters which will help you recall the incident when you do testify. Try to mentally picture the matters about which you will be testifying, such as the place of the incident, the objects and people present, what happened, what was said, to whom, at what time, or other circumstances which may aid you in recalling the events.
  3. A neat appearance and proper dress in court are important -- remember, the jury will be affected by first appearances.


Guidelines for Testifying

  1. Walk confidently to the witness stand.
  2. You will be sworn in by the clerk to tell the truth.
  3. As a state's witness, the prosecutor will question you first.
  4. Think before you speak. Make sure you understand each question, then give an accurate answer. If you don't understand the question, say so or ask to have it repeated.
  5. Speak slowly, distinctly, and loudly enough to be heard by the jury, judge, court reporters and attorneys.
  6. Speak only the facts. Don't give your conclusions or opinions or guess unless specifically asked to do so by the attorney. If you have to correct your answer, do it right away.
  7. If you can't recall certain facts don't be afraid to say that you cannot recall.
  8. If you must make estimates concerning things such as distances, measurements, or dates, clearly state to the jury that you are estimating.
  9. Answer questions simply and directly. If you are asked for a "yes" or "no" answer and you feel the answer needs an explanation, tell the attorney that you would like to give an explanation or that the question cannot be answered "yes" or "no".
  10. If an attorney objects to a question, do not answer until the judge tells you to answer or a new question is asked.


Cross-Examination by the Defense Attorney

  1. Take time to think through your answer before speaking. If you don't understand the question, say so.
  2. Should you be asked if you were paid for coming to court and you are receiving some reimbursement for mileage expenses or other witness fees, tell the defense attorney about this reimbursement fee.
  3. Do not be afraid to say you discussed the facts of the crime with other people. At a minimum, you talked with a law enforcement officer or an attorney; otherwise your name would not be known to the State.
  4. Remember to stay calm and not lose your temper, even if the defense attorney seems rude or makes you angry. She or he is testing your ability to accurately remember the facts about the crime.
  5. Never argue with the defense attorney. It is the job of the prosecuting attorney to object to any improper questions asked by the defense attorney.
  6. When your testimony is completed and you have been excused, do not discuss your testimony with other witnesses.