Witness Information

A fact witness is someone who is subpoenaed by the United States to testify and recite facts or events regarding a particular matter at a deposition, before a federal Grand Jury, or before a court in the Middle District of Florida. Serving as a witness is a very important civic duty. The federal judicial system cannot function without the participation of witnesses. Complete cooperation and truthful testimony of witnesses is essential to the determination of the facts of the case.

As a witness, you may have questions regarding your involvement in the case for which you have been subpoenaed. The case agent or the Assistant United States Attorney assigned to the case will be able to answer many of these questions. You may also have several questions regarding compensation of witness fees, transportation, directions to the courthouse, or other relevant details pertaining to your service as a witness. The Victim and Witness Assistance Program at the United States Attorney’s Office for the Middle District of Florida is available to assist you. The information below will likely address most of your questions, but you may also contact the Victim Witness Specialist local to the courthouse in which you are testifying, or other contact person listed on your subpoena.

Frequently Asked Questions

• Will I be compensated for the time spent as a witness?

You will receive $40.00 for each day you are required to be in court or attend a pretrial interview, including travel days. You may also be entitled to other compensation as detailed on the Witness Instructions and Information Sheet, Form OBD-2, which is attached to your subpoena. Upon completion of your testimony, you will complete and sign a witness voucher that details the fees and compensation due to you. Payments to witnesses are made by U.S. Treasury check and may take up to 8 weeks to receive barring complications.

• How long will I be in court?

Due to unforeseen circumstances that may occur in court cases, it is impossible to predict how long you will be needed. Please be flexible. There is a good possibility that you will have to wait several hours before you are called to testify. You may bring reading materials or something else to occupy your time while you wait. As a reminder, the electronic devices are prohibited.

• What should I do with my children?

Try to find a relative, friend, or neighbor to care for your children while you are in court. In some instances, childcare expenses may be reimbursed. Contact the Victim Witness Specialist prior to incurring these expenses for further guidance and information.

• What will happen if I fail to appear?

You may be cited and arrested for contempt of court.

• Can I watch the court proceedings prior to or after my testimony?

In most court proceedings, witnesses are not allowed in the courtroom until they are called to testify. You will be directed to a witness waiting room and someone will call you into the courtroom when it is your turn to testify. Do not assume you can watch the testimony of others after you testify. Rather, speak to a member of the government’s trial team if you would like to stay. You should not leave the courthouse until you have been excused by the Court and/or attorneys in this case.

• What if I am contacted by the opposing counsel?

You have the right to decide whether you want to discuss the case with opposing counsel. You can decline to speak to anyone prior to testifying. However, you will be required to truthfully answer any questions asked of you in court and any time you are questioned by the parties of this case. If anyone approaches you concerning this case, do not be afraid to ask for identification.

• How do I dress for my court appearance?

A neat, clean, conservative appearance is very important for court (no hats, shorts, etc.). Dress in the same manner as you would for an important business meeting or semi-formal gathering.

• What about my employer and/or school officials?

Employers cannot retaliate against you because of your absence while attending court proceedings. If requested, the U.S. Attorney’s Office can contact your employer or school officials on your behalf to explain your responsibility as a subpoenaed witness.

• What if I am threatened due to my cooperation in this case?

Threatening or intimidating a witness is a federal crime that is taken very seriously. In emergency situations, dial 911 right away. In any case, contact the case agent, Assistant U.S. Attorney, and/or the Victim Witness Specialist to report any harassment or threats.

• Where do I go?

Your subpoena indicates when, where, and in what courtroom the proceedings will take place. However, prior to the scheduled court date, if you have not been contacted by someone in the U.S. Attorney’s Office, you should call the person listed on your subpoena to receive updated information concerning the court proceedings.

• Who can I contact if I have other questions or concerns?

The Victim Witness Specialist local to the courthouse in which you are testifying will be glad to assist in any way. If you cannot reach that person directly, please call the primary phone number for U.S. Attorney’s Office and explain your concern to the receptionist.

General Information

• Photo identification is required to enter all federal courthouses in the Middle District of Florida.
• The items listed below are not permitted courthouse and court security will not store them for you.
  • Cell Phones
  • Computers
  • Smart watches and other forms of wearable technology
  • Any electronic devices, including recording devices
  • Knives, pepper spray, or any other weapon
• No food or drink is allowed in the courtroom area.
• If you have a medical condition or have unique needs, please advise our office prior to your testimony so we can make every effort to accommodate you.
• Inform our office of any scheduling conflicts during the week of your testimony. Please review all relevant documents before testifying or discussing the case with prosecutors.
• While the proceeding, jurors may be present in the same public areas as you. If you recognize a juror, do not speak to the juror and avoid close encounters such as sharing elevators or comfort break locations.
• Once the proceedings begin, do not discuss the case with anyone except the attorneys for either party. This prohibition also includes discussion of the case with fellow witnesses.
• Be polite and deferential in court. Avoid losing your temper. Listen closely and carefully to the questions asked of you. Never answer a question that you do not understand. Do not be embarrassed to ask for questions to be repeated.
• Speak loudly and clearly and try to be heard by the farthest juror.  Remember that your words are being recorded, so avoid making gestures, nodding your head, or speaking in a rapid pace.
• During questioning, one of the attorneys in the courtroom may object to a particular question. If this happens, do not answer the question until the Court has ruled on the objection. If you become confused, the Judge or questioner will instruct you.
• Above all else, testify truthfully.