What is the rule about conferring with lay witnesses about substantive issues?

• A. You must not confer with more than one lay witness at the same time about substantive issues except in special circumstances.
• B. You may confer with any number of witnesses at any time.
• C. You must not confer with any lay witnesses.
• D. You may confer with lay witnesses about substantive issues only before the hearing.

Answer: (A)

The rule centers on preventing coaching and preserving the independence of lay witnesses. You’re not allowed to confer with more than one lay witness at the same time about substantive issues—the facts they will testify to—because group discussions can lead to coordinated or influenced testimony, which undermines the fairness of the proceedings. The restriction aims to keep each witness’s account genuine and spontaneous, reducing the risk of a colluded or planted version of events.

There is room for exceptions or special circumstances, such as when the court permits a particular briefing setup or when guidance is limited to non-substantive matters or procedural questions. But in general, conversations about the actual substantive content should not involve multiple lay witnesses together.

That’s why this option matches the rule: it states a clear limit on simultaneous conferrals with lay witnesses on substantive issues, with recognition that exceptions can exist in special circumstances.