EVIDENCE - RIGHT OF ATTORNEY TO INTERVIEW WITNESSES
An attorney has the right to interview his/her witnesses for the purpose of learning the testimony the witness will give. The fact that the witness has talked to an attorney and told the attorney what he/she would testify to does not, by itself, reflect adversely on the truth of the testimony of the witness.
The Commission has been unable to find any Oklahoma cases discussing either the admissibility of evidence that the witness was interviewed by the attorney prior to trial, or the propriety of an instruction on this point. Nevertheless, the Commission has determined that, should cross-examination elicit the fact of pretrial interviews, this cautionary instruction should be given upon request. The instruction should not be used other than under circumstances where cross-examination evokes this information.