(4)6.4.1 Preparing Witnesses
(a) Pre-Trial Preparation.
Counsel may meet with witnesses prior to trial to:
- review the subject matter of testimony;
- clarify the scope of questions likely to be asked;
- familiarize the witness with courtroom procedures; and
- advise on appropriate conduct while under oath.
(b) Limits on Coaching.
Counsel shall not instruct witnesses to:
- provide false or misleading testimony;
- fabricate facts or evidence; or
- withhold information required by law or court order.
(c) Refreshing Recollection.
Witnesses may review prior statements, reports, or documents to refresh memory, provided that:
- the court is notified and approves the review is necessary; and
- any materials reviewed are disclosed to opposing counsel if required by law.
(d) Expert Witnesses.
Preparation of expert witnesses may include discussion of:
- methodologies and opinions relevant to the case;
- presentation of exhibits or demonstratives; and
- limitations on expressing personal beliefs outside the scope of expert testimony.
(e) Judicial Oversight.
The court may intervene to ensure witness preparation does not constitute coaching, witness tampering, or obstruction of justice.