Need and effectiveness of witness preparation
September 22 2023
need and effectiveness of witness preparation
In a recent judgment, the Colombian Supreme Court affirmed that witness preparation, both before and during the trial, is a practical and valuable practice that assists counsel in assessing the testimony’s usefulness and familiarizing the witness with the dynamics of the judicial process.

The Court held that preparation of witness testimony by the parties prior to trial serves two key purposes: i) to determine the witness’s level of knowledge and how they obtained the information, which helps to evaluate its suitability as evidence, and ii) to inform the witness about procedural steps and formal requirements of the hearing.

Moreover, the Supreme Court emphasized that, in the international arena, witness preparation is a recognized practice. This approach enhances litigation in Colombia by aligning domestic practice with international standards, recognizing that the interaction between declarant and attorney ensures that evidence is presented effectively without risk of contamination.

Witness preparation plays a pivotal role in preparation for trial and, at the same time, builds confidence in witnesses, resulting in more compelling and convincing evidence. The Court’s position legitimizes a practice that seeks to guarantee the veracity and utility of the testimony within a judicial hearing.

Original source in Spanish.