MARSHALL THE EVIDENCE

- OBTAIN NAMES AND ADDRESSES FROM CLIENT OF ALL PERSONS WHOM CLIENT
THINKS

o WILL TESTIFY FOR CLIENT

o WILL TESTIFY FOR OPPONENT
o HAVE KNOWLEDGE OF FACTS BUT ARE NOT WILLING TO TESTIFY OR MAY
HAVE DIFFICULTY TESTIFYING

- GO THROUGH ALL CLIENT’S DOCUMENTS, OFFICIAL REPORTS, NEWSPAPER

CLIPPING, ETC. FOR ADDITIONAL NAMES AND DOCUMENTS.

- VISIT CRIME SCENE/PLACE OF ACCIDENT OR OCCURANCE

o PREPARE DIAGRAMS/SKETCHES/PHOTOGRAPHS/MAPS.
o GET NAMES OF NEIGHBORS, OTHER POSSIBLE WITNESSES.

- USE DISCOVERY PROCEDURES TO LEARN NAMES OF OPPONENT’S WITNESSES AND

OTHERS WHO MAY HAVE KNOWLEDGE OF FACTS.

- TRACE MISSING WITNESS/ES, IF ANY (CHECKLIST 4, TRACING A MISSING PERSON).

- INTERVIEW WITNESSES AND TRY TO GET STATEMENT IN WRITING OR BY MEANS

OF SOUND/VIDEO RECORDING REGARDLESS OF WHETHER THE WITNES IS
FRIENDLY, HOSTILE, RELUCTANT OR CLAIMS TO KNOW NOTHING.

o FRIENDLY WITNESS
 BE CAREFUL OF OVER-FRIENDLY WITNESSES.
 FIND OUT WHY WITNESS HAS COME FORWARD AND IS WILLING
TO TESTIFY (RELATIONSHIP TO CLIENT, OTHER MOTIVES, ETC.)

o HOSTILE WITNESS
 EXPLAIN YOURE LOOKING FOR THE TRUTH, AND WOULD LIKE TO
HEAR THE STORY OF THE WITNESS.
 IF THE WITNESS REFUSES TO TALK TO YOU, TRY TO GET A SIGNED
STATEMENT THAT S/HE REFUSES TO TALK, AND WHY.
 BRING ALONG A NEUTRAL OBSERVER TO WITNESS YOUR
INTERVIEW.

o RELUCTANT WITNESS
 FIND OUT REASONS FOR RELUCTANCE AND TRY TO WORK ON
SECURING CONSENT TO TESTIFY.
 GET WITNESS TO SIGN STATEMENT THAT S/HE DOES NOT WANT TO
TESTIFY, AND WHY.
 BRING ALONG A WITNESS

o KNOW-NOTHING WITNESS
 GET THE STORY OF THE WITNESS IN WRITING AND SIGNED,
SHOWING WHY S/HE KNOWS NOTHING.

o ASK ALL WITNESSES

 FOR NAMES AND ADDRESSES OF OTHER POSSIBLE WITNESSES.
 IF THEY HAVE MADE A STATEMENT TO OPPONENT/POLICE/
ANYONE ELSE AND IF SO, TO WHOM.

o SIZE UP ALL WITNESSES YOU INTERVIEW FOR STRENGHTS AND

WEAKNESSES (FORM 16, WITNESS GUIDE)
 o THANK ALL PERSONS YOU INTERVIEW, REGARDLESS OF HOW BADLY YOU
THINK THEY HAVE TREATED YOU.

- EXAMINE EVERY DOCUMENT WITH CARE AND CLEAR UP ANY ALTERATION OR

SUSPICIOUS ELEMENT.

- GET COPIES OF ALL DOCUMENTS REFERRED TO IN THE DOCUMENTS YOU HAVE.