Anytime there is a contested hearing in a Texas Family Law case, witness testimony is not only helpful but can be what decides a case.
When it comes to choosing who would be a good witness for your case, the first thing to consider is whether there is a time limit for the hearing. For example, a temporary orders hearing in Dallas is usually limited to thirty minutes or less per side. Thirty minutes is a very short amount of time to put on all the evidence you may need. Therefore, it is necessary to plan accordingly and make sure the necessary testimony from each witness is set forth in those time constraints.
The second consideration when it comes to choosing a good witness for your case is the type of testimony that will come from that witness. I advise my clients that unbiased witnesses are the best. Unbiased witnesses are not related to or friends with either litigant. Examples of unbiased witnesses are neighbors, teachers, and police officers. Additionally, testimony of a witness generally needs to be about recent events. For example, a teacher testifying about your child’s behavior in school six weeks ago is much more relevant than a teacher testifying as to your child’s behavior two years ago when your child was in that teacher’s class.
Provide your attorney with a list of each and every witness that you think may aid you in the hearing. Then discuss with your attorney why you think that witness will be beneficial to the hearing. Your attorney’s role is to evaluate each witness and advise you as to the necessity of the witness’ testimony.