MCCARTHY, ROWDEN & BAKER

Forgetful Witnesses

Your Champaign back injury attorneys will be capable of dealing with witnesses who become forgetful once they are giving testimony.

How Forgetful Witnesses Will Be Spotted And Questioned

During witness testimony, your attorney will be able to determine whether the witness is forgetful based on the number of times the answer “I don’t remember” is given. If the witness truly does not remember, then it is perfectly appropriate to give that answer. However, if the witness does remember, he or she is lying. A lawyer will be able to discern when a witness is being truthful about being unable to remember based on the answers to other questions asked. If the attorney believes that the witness is credible, documents or mentioning testimony by other witnesses can be used to try and help the witness remember.

A typical strategy a lawyer might use will include saying: “Sir, a prior witness stated under oath that you were at the meeting and sat to his left. He said that in the meeting, you put a stop to the discussion, stood and stated that you did not agree with the resolution the board presented. Does this help you remember whether you attended the meeting?” The lawyer can also try to refresh the witness’s memory by focusing on the same issue by asking other questions related to it and then returning to topics that the witness claimed to be unable to remember. It is also a strategy to ask the witness if seeing evidence or an item related to the case would jar the memory about the issue.

Call Experienced Champaign Back Injury Attorneys

For help with a personal injury case and forgetful witnesses, call 1-800-373-6050 to speak to a Champaign back injury attorney at McCarthy Rowden & Baker.