Which question best ensures the witness is prompted appropriately during testimony?

• A. How will we elicit the witness to say what we need them to say?
• B. What evidence do we have?
• C. Should we use a demonstrative aid?
• D. How should we present the evidence?

Answer: (A)

The main idea being tested is how to plan questioning so the witness is prompted to provide accurate, voluntary testimony. The best choice focuses on the elicitation process—thinking ahead about how to draw out the witness’s own memories and observations in their own words rather than guiding them to a specific answer. This helps ensure the testimony is reliable and not the result of coaching, which is essential for admissibility and credibility.

Asking how we will elicit the witness to say what we need them to say centers on crafting the examination approach and prompts that encourage the witness to report what they actually recall. It emphasizes proper elicitation techniques, such as open-ended questions and a logical sequence, to obtain details without pressuring or leading.

The other options address different aspects of trial work—what evidence exists, whether to use demonstrative aids, or how to present evidence. While those are important, they do not directly ensure that prompting during testimony is appropriate, which is why they don’t fit as well for this question.