How does Daniel find and interview a witness for a case?
Daniel works from what you already know, lawful records and the people near the event. Every attempt is logged with its date and result.
- A known witness with an old address
- A witness locate starts with records research and ends with a field check that confirms the address. Locates and skip tracing explains the method.
- An unknown witness
- A witness canvass: going door to door and business to business near the event to find people who saw or heard something, and cameras that recorded it. Each stop is logged with the address, the time, who answered and the result. Owners are asked to preserve video voluntarily.
- The interview
- Voluntary, with open questions and no suggested answers. The witness may stop at any time.
- A witness who will not talk
- Daniel respects the refusal and reports it. Counsel can use a subpoena, and Daniel, a licensed process server, can serve it.
Can a witness be found from a first name or a description alone? Sometimes. No investigator can promise a result, and the log shows counsel everything that was tried.
Who asks for witness location and interviews?
Civil, criminal defense and personal injury attorneys and their paralegals. Insurance adjusters. People in a dispute who need a witness found, usually sent by counsel.
The work often sits inside civil litigation support, a criminal defense investigation or a personal injury or accident matter.
What is lawful in Oklahoma when a witness gives a statement?
Counsel chooses the form of a statement, because the form affects who can later obtain it. These rules sit behind that choice and around the interview itself.
In a civil case, a party or other person may obtain a copy of that person's own previous statement about the action. 12 O.S. § 3226(B)(3)(c)
Statements are taken knowing the witness can ask for a copy.
In a criminal case, on the state's request, the defense discloses the witnesses it intends to call, with their relevant written or recorded statements. 22 O.S. § 2002(B)(1)(a)
A written statement signed under penalty of perjury can be used where Oklahoma law allows a sworn statement or affidavit. 12 O.S. § 426
Whether that form suits a given filing is counsel's decision.
In Oklahoma, a person who is part of a conversation may record it, and so may someone who has the prior consent of one participant, unless the recording is made to commit a crime. 13 O.S. § 176.4(5)
Daniel records an interview only as a participant in it, and only when counsel wants a recording.
Preventing or attempting to prevent a witness from testifying is a felony in Oklahoma, and bribing a witness is a crime. 21 O.S. §§ 455, 456
Daniel never offers payment or anything of value for a statement or testimony.
Any person 18 or older may serve a subpoena in Oklahoma. When attendance is demanded, one day's attendance fee and mileage are tendered. 12 O.S. § 2004.1(B)(1)
Federal law lets licensed investigative agencies use motor vehicle record information only for permitted purposes, such as litigation and service of process. 18 U.S.C. § 2721(b)
Willfully entering someone's yard, garden, pasture or field after being told not to, or without the owner's permission, is an offense in Oklahoma. The statute has no exception for investigators. 21 O.S. § 1835
On a canvass, nothing is entered without permission.
Nothing on this site is legal advice. Ask your attorney how the law applies to your situation.
Written, signed or recorded: what will you receive?
| Form | What it is |
|---|---|
| Signed written statement | The witness reads the statement and signs it. |
| Statement under penalty of perjury | A written statement the witness signs under penalty of perjury. |
| Recorded witness statement | Audio of the interview, made only when counsel wants a recording. |
| Interview memo to counsel | Daniel's written summary of the interview, for counsel's decision. |
With it come the locate and canvass log, the current contact details of the witness and, where useful, photographs of the vantage point the witness describes. Daniel is available to testify about the interview.
What should you have ready?
The first consultation is free. Work begins only after a written agreement is signed and a retainer is paid, as how it works explains. For that first conversation, it helps to have:
- the names of the parties, so a conflict can be ruled out;
- each witness by name, or by description where the name is not known;
- the date, time and place of the event;
- known addresses or phone numbers;
- the questions counsel wants answered.
What it costs depends on how many witnesses there are and how hard they are to find: locate work, canvass hours, repeat attempts at different times, travel and mileage. All of it is set out in the written agreement before work begins. The cost guide explains what sets a price.
When should you call the police or 911 first?
If someone is in danger right now, call 911. Fuller Investigations is not an emergency service.
If a witness has been threatened or pressured about testifying, call the police. That is a matter for law enforcement, not for an investigator.
Fuller Investigations declines any matter whose purpose appears to be to harass, threaten, stalk or harm someone.