You are entitled to an $8.00 witness reimbursement for each time you are subpoenaed to testify on behalf of the Ada County Prosecutor’s Office. The handling attorney should have the original subpoena and will initial it after you have finished testifying. If the handling attorney does not have the original subpoena, he/she will make other processing arrangements. Take the original subpoena to our front desk and ask for a witness claim form. You can also claim mileage reimbursement at the current mileage rate. Please make sure you sign the form and return it to our office. You will receive your witness reimbursement fee within six to eight weeks. (The same process applies to hearings that are continued or waived.)
TIPS FOR TESTIFYING
- Be truthful. Never exaggerate your testimony. Just tell the facts simply and concisely as you know them.
- Listen carefully to the questions. If you do not understand a question, ask that it be repeated or explained.
- Do not guess. If you do not know the answer, say so.
- Report to the specific area at the time indicated on your subpoena, unless you’ve been instructed differently by the prosecuting attorney.
- The judge and jury are interested only in the facts. Do not give your opinion or your conclusions unless they are specifically requested.
- If an attorney objects to a question, do not begin to answer until the judge instructs you to do so.
- Be polite when answering questions. Do not lose your temper with the attorney questioning you.
- If you realize you have given misinformation, immediately advise the judge so you may be allowed to correct the error. If you have already left the stand, tell the prosecuting attorney at the next break.
- A criminal proceeding is an extremely serious matter. The judge, jury and court personnel expect witnesses to wear appropriate clothing in court.
- Always answer out loud so that the court reporter can make an accurate record. Do not shake or nod your head.
- Be aware of questions involving distances and time. If you make an estimate, make sure that everyone understands that you are estimating.
- Do not talk to jurors.
- Do not talk to other witnesses about the case.
- If asked whether you have talked to an attorney or an investigator, admit freely if you have done so.