Witness tracing plays an important role in litigation, insurance claims, employment disputes, fraud matters and commercial investigations. A witness who cannot be located may prevent a matter from being properly assessed or advanced.
Attorneys often require reliable contact details, background context and confirmation that a witness can be approached. The value of tracing is not only finding a person, but verifying that the information is accurate and usable.
Tracing may involve reviewing available records, contact points, employment indicators, address links, company associations, social media indicators, public records and other lawful sources of information.
Professional witness tracing should be discreet and properly documented. The investigator should avoid harassment, misrepresentation or unlawful collection methods. The tracing process should be capable of explanation if later challenged.
In litigation matters, witness tracing can assist with affidavits, consultation preparation, service of documents, case assessment and evidence gathering. It may also assist in identifying additional witnesses or related parties.
Tracing is often time-sensitive. Witnesses relocate, contact numbers change and memory fades. Early tracing can materially improve the quality of evidence and the ability to make informed legal decisions.
A proper tracing report should identify the steps taken, results obtained, confidence level, limitations and recommended next steps. This assists attorneys and clients in deciding how to proceed.
Author: Adrian van Straaten, CFE | IAFCI