Witness Wrangling: How to Secure the Testimony You Need, When You Need It

Alfred A. Arraj Courthouse Jury Assembly Room
901 19th Street, Denver

Getting witness testimony at a hearing or trial is often far from straightforward. This program will cover how to successfully navigate some of the most challenging and recurring problems in both securing—and effectively using—witness testimony in federal litigation. 

This includes not only best-practices for subpoenas, but also for obtaining in-custody witnesses from both federal and state facilities (including both pretrial detainees and sentenced individuals); understanding the nuances of Touhy regulations when seeking testimony from Executive branch employees; and traversing the unique parole process for securing overseas witnesses. It also includes strategies for how to handle Fifth Amendment protections; special considerations when questioning attorney witnesses; and what to do when a witness is legally “unavailable” under the Federal Rules of Evidence. Through practical examples and procedural guidance, participants will leave equipped with the tools to handle the most common and complex witness challenges that arise in federal court.

2 general CLE credits granted.