Which statement about a witness's ability to communicate with others is correct?

• A. A party may prevent or discourage a prospective witness from conferring with other persons.
• B. A party may require a witness to discuss confidential matters with the court.
• C. It is permissible to tell a witness they are not obliged to deal with other parties or to advise them about confidentiality.
• D. A witness must disclose all communications with other parties.

Answer: (C)

Witnesses have autonomy in their communications and must be kept aware of confidentiality. It is appropriate to tell a witness that they are not obliged to deal with other parties and to explain what confidentiality means for their exchanges. This respects the witness’s right to talk or not talk with others and helps them avoid inadvertently disclosing confidential or privileged information. Forcing a witness to confer with others or to discuss confidential matters with the court would breach that autonomy and confidentiality, while insisting they disclose every communication with others would overstep the proper limits of what must be revealed. So, conveying to the witness that they may choose whom to speak with and informing them about confidentiality is the proper, permissible approach.