One of the most important submissions to court is the witness list. In many jurisdictions, including federal court and Texas state courts, parties may be required to submit initial disclosures or routine disclosures that include witness lists or “all persons with knowledge of the facts of the case.”
A response to this disclosure should go over and above the requirement. This allows you some wiggle room in trial since you have provided a broad perspective for each witness, and it shows the defense and the court that you are a prepared Plaintiff.
Witness lists should include not only the name, address, telephone, and anticipated testimony of each person with knowledge of the facts, but each law enforcement officer who worked the scene of the accident, the tow truck operator, the EMT personnel, the custodian of records for all medical providers, and all potential expert witnesses.
In most jurisdictions, you will be able to supplement this list as trial approaches and the identity of other witnesses arises. In addition, it’s always important to designate the witnesses designated by all other parties to the litigation.
Anticipated testimony for law enforcement officers
For an officer who works a motor vehicle accident, anticipated testimony can state as follows: “This witness is a non-retained expert. The witness is not employed by or subject to the control of the Plaintiff . He is the officer that investigated the incident made the basis of this matter. He will be able to testify in regard to his educational background, training, years of experience, practices and procedures used in accident investigation as well as his observations at the accident scene, as well as his conclusions and opinions which are reflected in the officer’s Crash Report.”
Anticipated testimony for records’ custodians
For a records custodian of each medical, provider, anticipated testimony can be as follows: “This witness is expected to testify in person at the trial of this matter or by Affidavit. This witness is also expected to testify to any and all pages of business records that are from ABC Medical Clinic. These pages are kept in a regular course of business, it was a regular course of business for a representative to make such a record or to transmit the information thereof to be included in the business records, and the business records were made at or reasonably soon thereafter. The business records will be the original or an exact duplicate of the original.”
For these reasons, it is imperative to hire a veteran trial lawyer to prepare a case even before it is filed.