As trial approaches, the witness list becomes one of the busiest parts of the file: fact witnesses, experts, records custodians and parties, each with a date, a subpoena or an agreement to appear, and a way to reach them. Counsel decides who testifies and how; litigation support keeps the list complete and current.
What to track for each witness
- Name, role and the matter.
- How to reach them, and who on the team is their contact.
- Whether a subpoena is needed, when it was issued and when and how it was served.
- The date and time they are expected, and whether they confirmed.
- Notes: travel, scheduling limits, interpreter needs, exhibits they will be shown.
Service takes time
Witnesses can be hard to find. Start service early, keep the proof of service in the file and note every attempt.
Confirm, then confirm again
Reach every witness a week out and again the day before. Trial schedules move; the list should show who has been told about every change.
After trial
Record who was released and when, and close out witness fees and expenses.
Our witness and subpoena tracker keeps the list and shows who still needs to be served.
Litigation support is performed at the direction of a licensed attorney. Who is called, and how subpoenas are issued and served, is counsel's decision under the applicable rules.
This article is general information, not legal, tax or regulatory advice. Rules change; confirm current requirements with the responsible agency or a licensed professional.
