Most pro se litigants spend the weeks before a hearing focused almost entirely on their own testimony and their own documents. What they often neglect — until it’s too late — is the witnesses who are supposed to support their case.
A poorly prepared witness can be more damaging than no witness at all. Here’s how to do it right.
Who Should You Call as a Witness?
Start by identifying what facts you need to establish and who can credibly testify to them. Effective witnesses in Texas family law cases typically include:
- Teachers or school counselors — can speak to the child’s academic performance, attendance, involvement of each parent, and changes in the child’s behavior
- Coaches, activity leaders — can speak to which parent attends events, the child’s engagement, and the parent’s involvement
- Healthcare providers — pediatricians, therapists, or counselors who have observed the child and both parents
- Family members or close friends — who have regularly observed your parenting and can speak to your relationship with your child
- Neighbors — who may have observed living conditions, incidents, or the day-to-day reality of each home
- Coworkers or employers — relevant in cases where employment stability, schedule flexibility, or income is at issue
Choose witnesses who are credible, specific, and relevant. A witness who says “Ben is a great dad” is less useful than a witness who says “I’ve watched Ben pick up his children from school every Tuesday and Thursday for the past two years, attend every soccer game, and help with homework at the kitchen table.”
How to Subpoena a Witness
If a witness is willing to testify voluntarily, you don’t need a subpoena — you can simply coordinate with them. But if there’s any risk they might not show, or if they work in a formal setting (school, hospital) that requires legal process before they can appear, issue a subpoena.
A subpoena ad testificandum requires a person to appear and testify. It must be properly served in advance of the hearing. For a reluctant witness, this also provides legal cover — they can tell their employer “I was subpoenaed” rather than “I chose to testify.”
Preparing Your Witness Before the Hearing
Meet with each witness before the hearing — not just a quick phone call, but a real preparation session. Cover:
What questions you’ll ask on direct examination. Walk through each question so they know what’s coming. They shouldn’t be surprised by your questions. Review their answers with them — not to script what they say, but to make sure you understand what they’ll actually testify to.
What opposing counsel might ask on cross-examination. Prepare them for the questions that could challenge their credibility or their observations. A witness who freezes on cross because they weren’t prepared can undermine everything they said on direct.
The basics of courtroom behavior. Tell them to listen carefully to each question and answer only what was asked. If they don’t know or don’t remember, say so — don’t guess. Stay calm. Address the judge, not the attorneys.
What documents they may be shown. If there are exhibits that relate to their testimony, show them in advance so they’re not caught off guard.
What Witnesses Cannot Do
Witnesses can testify to what they personally observed — not to what they heard someone else say (hearsay), not to what they believe happened based on general impressions, and not to opinions outside their expertise (unless they are an expert witness).
If opposing counsel objects to your witness’s testimony, stay calm. State the basis for the testimony’s admissibility if you know it. If the objection is sustained, move on.
Less Is Often More
Three strong, well-prepared witnesses are better than eight mediocre ones. Each witness takes time, and judges have limited patience for cumulative testimony — multiple people saying the same thing. Be strategic about who you call and why.
Witness preparation is one of the most important parts of hearing prep I do with my students. Let’s make sure your witnesses help — not hurt — your case.
Call: 830.507.3250 | ben@prosecoachtx.com
— Ben Schooley, Pro Se Coach