Taped Witness Testimony

Testifying in court can be stressful. With all the focus solely on you from the moment you take the stand until you return to your seat, you become a crucial aspect of the case. On television, a courtroom appears like a fast-paced world where the weak won’t survive. But in real life, says criminal defense attorney Henry Wade or The Wade Law Firm in Texas, it isn’t quite as exciting.

Still there are always exceptions. And, sometimes in specific instances, there might be cause for a testimony to be taped. While it seems more of an available option on prime-time courtroom dramas, Wade explains that it is rare to have taped testimony in an actual courtroom.

The exceptions

Wade could think of only two exceptions that would allow for taped testimony to be entered as a viable witness statement. The first he said would be if a crucial witness was so ill that it was unlikely that he would alive during the trial.

The other reason that a witness might be taped versus appearing in court would be in child abuse cases. Because these types of cases are often emotional and stressful on the person who was abused, it is sometimes in the best interest of the child that a video of their testimony be brought to court instead of appearing in the same court room as the accused.

The problem with taped testimony

The reason why most courts feel so negatively about taping a witness before the trial date is that the person will not be subject to cross examination. If the taped individual is a witness of the prosecutor’s, than the defense team will not have the chance to ask any further questions upon hearing the tape. This could definitely affect the fairness of the trial and is a cause for many objections.

The alternative

If for some reason it is determined that a witness cannot appear in court on the day of the trial, it is more likely that he will appear via a closed circuit TV. The TV would provide real-time capabilities for the judge, defense and prosecutor to be in one place, and the witness in another. The live interview would still provide both lawyers with the chance for cross examination, while still giving the witness the opportunity to not have to appear in court.

The process

If you have been called to be a witness for a case, and you strongly feel you cannot appear in court, then either the defense or the prosecutor can file a motion to the court to allow for a taped or live video testimony. If the request is accepted by the judge, then you can proceed to make the arrangements.