In general; timing the appearance of defense witnesses

In general; timing the appearance of defense witnesses

The order of the defense's presentation of witnesses is very important. However, numerous variations in the order of appearance are possible and may be effective. In evaluating the timing of the appearance of defense witnesses, it is important to consider the dramatic impact of the witnesses, the tactical goals of the defense, and the court's agenda. Some criminal trial practitioners contend that the witness whose testimony will most exculpate the defendant should be scheduled as early in the defense's case-in-chief as possible, to gain the immediate attention of the jurors and to allow the concept of the accused's innocence to sink into their minds. Other attorneys prefer to schedule the most favorable witness at the end of the case, so that his or her testimony is fresh in the jurors' memories during deliberation.

Tactically, it is important to schedule the most vulnerable witnesses when there will be a recess before the prosecution's cross-examination. At recess defense counsel can consult with the witness about the testimony given during defense counsel's direct examination and the prosecution's cross-examination.

Where the case is long and the number of witnesses large, the court is likely to put a premium on keeping things moving and orderly. Therefore, counsel's strategy should allow for the possibility of witnesses failing to appear as scheduled; counsel should have contingency plans for other witnesses at such times.