Evidence typically takes the form of witnesses and exhibits. I have drafted this guide to help clients identify people they may want to consider as a witness. Moreover, the guide applies to any Oklahoma divorce attorney matter, whether divorce, paternity, visitation, child support, or custody.
We prove our case by presenting evidence. Moreover, the Oklahoma divorce attorney relies on evidence to evaluate the case’s strengths and weaknesses. One form of evidence we will use is witnesses. The best witnesses have no stake, are unbiased, and know you, your child, and the other parent. Additionally, I have written a separate How-To Guide concerning exhibits, which you can find here.
Your witnesses must have first-hand personal knowledge of the events to which they are testifying. The witness will not be allowed to testify about something the child or someone else said. If the witness does not have direct knowledge—even if the subject they are talking about is material to the case—then it’s hearsay and inadmissible.
Note: Hearsay is complicated, and there are exceptions. If you are not sure if something would be admissible, ask me, and we will discuss.
Examples of Possible Witnesses
Some examples of people who could make a good witness include the following:
- Teachers or School Staff
- Babysitters, daycare workers, nannies, or other providers of care for the child.
- Parent of a half-sibling to your child.
- Parents of your child’s friends.
- A pastor, minister, or other religious leaders who are involved with your family.
- Therapists and Counselors who have seen the child.
- Doctors or medical personnel who have provided care to the child.
- Coaches, scout leaders, or other adults teaching or assisting with the child’s extra circular activities.
- Family members and friends who have frequent contact with the children.
- DHS workers who have had contact or involvement with your family.
- Law enforcement who have been involved with the parties.
- Visitation Supervisors.
- Character Witnesses. NOTE: Most character witnesses are clearly biased and have limited evidentiary value. For example, it is generally not helpful to use your parents or significant other only to say you are the best parent ever. However, if these people have direct personal knowledge of specific facts, events, or incidents, that is different.
- Anyone else who has first-hand personal of the people and issues involved in your case.
INSTRUCTIONS
Split the flagged sentence into 2–3 shorter sentences, each under 20 words. Preserve all information and the logical flow. Ensure every sentence is complete with a subject and a verb, using active voice.
Below are step-by-step instructions to guide you in pulling together and organizing your evidence.
Additionally, this will help me identify what we have to work with when consulting a oklahoma divorce attorney.
If you have questions during this process, please don’t hesitate to contact me to discuss them.
Step 1:
Gather a list of anyone who can help your case.
Additionally, for each person, we will need the name, address, and telephone number, as advised by oklahoma divorce attorney.
Moreover, it is helpful to state the relationship of the person to the parties involved.
In other words, the witness is a teacher, coach, grandparent, etc.
Step 2:
Firstly, provide a summary of what each witness knows and can say.
Additionally, be as specific as possible, including dates and events.
Finally, the goal is to tell precisely what each person knows, with detail.
Step 3:
Additionally, I need to know the criminal history of each potential witness. Moreover, I need to know if the witness has any involvement with the Department of Human Services (DHS). Finally, for any criminal charges, I need the case number and county where they were filed. This will help me evaluate the credibility of the witness.
Step 4: proceed to the next stage.
Pull all of this information together and fill out the Witness List. Moreover, the amount of time, detail, and effort you put into this will make a difference. Remember, you know these people; I don’t. This process may be helpful to discuss with an oklahoma divorce attorney. The information you provide allows me to evaluate whether the witness can actually help us. This also helps me to plan my questions for direct examination at our hearing.
EXAMPLE WITNESS LIST
| Witness Name Address Phone Number Relationship | Summary of Testimony 1. Tell me what this person knows and precisely what they can say that you think helps your case. 2. Be very specific and provide specific examples with dates when possible. 3. Don’t make general statements or conclusions. | Criminal History All criminal charges, including Case # and County |
| Joe Blow 123 N Main Street Norman, OK. 73069 405-111-2222 Baseball Coach | Will testify he was the child’s baseball coach for the 2018 -2020 seasons. Respondent ensures the child attends practice every day and always arrives 15 minutes early. As a result, the child has never forgotten any of the equipment. In addition, the Respondent stays and watches the practice and attends every game. Respondent stays afterward to talk about how the child is interacting with the other children. This is very specific and useful. | No Criminal History |
| Jane Doe 456 W. Elm Street Norman, OK. 73069 405-222-1111 Respondent’s Cousin | Will testify that Respondent has excellent character and is the best friend anyone could ever have. Will testify that Respondent is the best parent in the history of the world and should be awarded custody. Will testify that Petitioner is a horrible parent and does not care about the kids. Petitioner should have supervised visitation. This is not useful | No Criminal History |
| Julie Doe 465 N. Elm Norman, OK. 73072 918-743-2543 Child’s Teacher | Will testify that Respondent has attended every parent-teacher conference during the 2020 school year. Respondent is always present at all school functions. Will testify that Respondent regularly emails or calls to check on the child’s progress. The child is always dressed appropriately and completes all homework assignments. In April 2021, Respondent organized the spring event at school. Will testify Petitioner has not attended any parent-teacher conferences and has not seen Petitioner at school events. This is specific and good. | |
| Fred Doe 925 N. Iain Norman, OK. 73072 918-743-2543 Respondent’s cousin | Will testify that Respondent is a great parent. He has good character. Respondent takes a bath every week and brushes his teeth often. Petitioner is an awful parent. Petitioner has mental problems because Petitioner is mean and acts crazy. Respondent is the best parent ever and should be awarded custody. This is not useful | Case # CF-2021-XXXX Cleveland County |
Step 5:
Please email me your completed Witness List in Microsoft Word format.
This will allow me to edit it as necessary.
As your Oklahoma divorce attorney, I will review the list.
Then we can discuss who you should use.
Additionally, we may not want to use them.
Having this information will make it easier for me to interview the witness.
I will already know what they know and can say.
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Pete D. Louden.