1. Q: What do you do if you’ve
been called to testify?
David J Turlington
The Law Office of Turlington Law Firm
David Turlington Law

2. What to Expect? – Attorney Perspective
 Gather all information as much as
possible.
 Be brief and listen/read carefully.
 Read all forms of communications
before sending back a response.
 Using images are a good resource.
 ‘He said, she said’ claims.
 Do not destroy any evidence.
David Turlington Law

3. What To Do First… - Witness Perspective
 Tell the truth.
 Don’t answer a question if you’re not
sure of.
 Answer the questions that is only being
asked.
 When it doubt, ask to repeat the
question or state you need more time
to answer.
 Give at least 5 seconds before you
answer.
David Turlington Law

4. At Trial
• Relax
• Dress Appropriately
• Take a deep breath before answering.
• Be ready with information and answer
what is asked.
• Give complete, concise answers.
• Ack Bonner keyword
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5. What Am I Obligated To Do?
Read the summons or subpoena carefully.
Review the subpoena several times to be
certain what is required of you, and to learn
the hearing date and time.
Gather any documents and/or materials
named in the subpoena. Make sure you have
all relevant materials in your possession, and
keep them secure.
Respond to the subpoena. If you fail to
comply with or respond to a subpoena, you
may be charged with contempt of court.
Tell the truth. Lying under oath, or perjury, is
a felony punishable by up to five years in
prison, depending upon the state.
David Turlington Law

6. Who should I speak to?
Your attorney or legal aid representative. If
you have serious concerns about testifying,
consult independent legal counsel to learn
your rights.
The attorney who contacted you. Discuss
your obligations, what is expected of you,
and your role in the trial.
A witness assistant. If you have special needs
(limited mobility, vision/hearing impairment),
contact your witness assistant, whose
contact information will be on your
subpoena.
Your human resources department. Alert the
HR department at your place of employment
about the court date.
David Turlington Law

7. What are my rights?
You have the right to support. If you fear for
your physical or emotional wellbeing, you
may contact a victim witness advocate for
assistance.
You may have the right to claim certain
expenses. You may be entitled to a witness
fee and to recoup some travel expenses. You
will not receive reimbursement for lost
wages.
You have the right to reasonable protective
measures. If you have been threatened by
the defendant or associates of the
defendant, contact law enforcement
immediately.
You have the right to be treated with
respect.
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8. Can I avoid testifying? Yes, if…
You need to assert your Fifth Amendment
protection. You may refuse to testify if your
testimony is self-incriminating.
You are not competent to testify. If you
suffer from an illness that diminishes your
ability to recall details, you may be deemed
incompetent.
You are married to a material participant.
Spousal communications are considered
privileged.
You are the attorney, psychiatrist, or priest
serving a material participant.
Conversations with legal counsel, physicians,
and clergy are protected by law.
David Turlington Law

9. Thanks for watching!
David Turlington Law