If you are a witness in a case
- Please come to the Courthouse at least 15 minutes before the scheduled hearing. You will have an opportunity to speak to the Prosecutor before the hearing, and if you cannot locate him, please tell the clerk or bailiff that you would like to have a word with him..
- If you will not be needed to testify at the scheduled court date, you will usually be notified in advance. Occasionally, the defendant will enter a guilty plea or waive a hearing at the last minute. We will do our best to contact you as soon as we can. If your address and/or telephone number have changed recently, you should contact the Prosecuting Attorney's Office to make sure that they have current information in the event it becomes necessary to contact you.
If you are contacted by the defendant
- If the defendant contacts you and attempts to influence, intimidate or harass you, or tries to persuade you to either testify falsely or not testify at all, please contact the appropriate law enforcement agency or the Prosecuting Attorney's Office immediately!
If you are contacted by the defense attorney or an investigator employed by the defense attorney
- The Prosecuting Attorney's Office is precluded from advising any witness not to speak to a defense attorney or investigator about a case, however, if the defense attorney, or an investigator for the defense attorney, contacts you, and, you would like for the Prosecuting Attorney or someone from his office to be present when you speak to the defense attorney or investigator, this can be arranged. Please contact the Prosecuting Attorney's Office to make arrangements.
Things to keep in mind when you testify
- Tell the Truth! This is the most important rule to remember.
- Be prepared. You will usually know well ahead of time that you will be testifying in Court. If you gave a written statement to the police, the Prosecutor will have a copy which you may review to refresh your memory on some details. Think ahead of time about the answers you will give to the questions you expect to be asked of you.
- Listen to the question and answer the question asked. Do not volunteer additional information. Avoid beginning your answer before a question is finished.
- If you do not know the answer to the question, it's okay to say, "I don't know".
- If you do not remember the answer to the question, it's okay to say, "I don't remember".
- However, do not use "I don't know" and/or "I don't remember" responses to try to evade giving answers to questions.
- Testify as to what you know, not what someone else told you.
- Do not speculate or guess as to what you think your answer might be or should be.
- If you do not understand the question, please indicate that you do not understand the question and ask that it be rephrased.
- If there is an objection, stop speaking immediately. The judge will make a ruling as to whether you must answer the question and will instruct you accordingly.
- Give verbal answers to questions. In most instances, your testimony is being recorded. Head shakes or nods are not picked up by recording equipment. Also, when appropriate, use "yes" and "no", instead of "uh-huh" or "huh-uh".
- Relax and speak clearly. You have nothing to fear when giving truthful answers. When you are asked questions, give your answer as clearly as possible.
- Expect to be questioned by several people. One of the basic rules in a criminal case is that both sides may question a witness.
- Don't let the defense attorney upset you. He or she is only trying to test your knowledge and grasp of the facts. Be nice, notwithstanding the demeanor of his or her question. If the defense attorney cuts you off from completing your answer, which is rude but not uncommon, you will have an opportunity to give a complete answer when the prosecutor re-questions you.
Witness' Right to Notification
- If you are a crime witness and would like to be notified of various stages of a pending case, you will need to obtain a notification request form, fill it out and send it to, or drop it off at, the Prosecuting Attorney's Office. Click here to download a form. To open, view and print this form, you need Adobe Acrobat Reader. It is provided by Adobe free of charge. To download the latest version of this software, click on the icon below.
Rights of Victims and Witnesses
- To see a list of the rights of victims and witnesses under Missouri law, click here.