By James McCabe, editor · How this site is researched
Most GAL and CASA volunteers go years without being sworn in. Then a parent's attorney challenges a line in your report, or the case goes to a contested hearing, and you are called to the stand. This guide covers who can call you, what you may and may not say, how direct and cross-examination feel from the witness chair, and how to get ready.
Will you ever testify?
It depends on your state's model. In North Carolina, every volunteer is paired with a staff attorney advocate. The Judicial Branch's GAL FAQ says attorney advocates "attend all court sessions, and are available for legal counsel," and that court dates come up "every three to six months, depending on the case." Florida's Statewide Guardian ad Litem Office pairs each volunteer with a child advocate manager and a GAL attorney; its FAQ says the attorneys "attend hearings and depositions." In team states, the attorney presents the position and the volunteer testifies only when a party or the judge wants the volunteer's own observations under oath.
Texas puts the rule in the statute. Under Texas Family Code section 107.002(d), the court may compel a guardian ad litem to attend a hearing and testify as necessary for the proper disposition of the suit. Section 107.002(e) requires the court to give the GAL a chance to testify about the best-interest recommendations and their bases. In a bench trial, section 107.002(f) lets any party call the GAL for cross-examination on the report. Section 107.002(c)(4) draws the other line: a GAL may attend every proceeding but "may not call or question a witness." Our Texas page covers the volunteer advocate program under section 107.031.
CASA of Arizona, a program of the Arizona Supreme Court, says in its Testifying in Court module that most volunteers never testify, but they do present their reports in court, and the skills overlap.
Before the hearing
If a subpoena arrives, call your program supervisor the same day. Arizona's module tells volunteers to notify the coordinator right away; the presiding juvenile judge then gives instructions. Then do three things.
- Reread your own file. Know the dates of your visits, who was present, and the exact words you quoted. If your notes say the child said "I don't want to go back there," be ready to say when, where and who else was in the room. Our guide to case notes that hold up shows what a usable entry looks like.
- Sort your report into first-hand and second-hand. For each sentence: did I see it, did someone tell me, or did I read it in a record? That is what you will be tested on.
- Write a one-page background sheet. Arizona asks volunteers to keep a resume of their education, work and CASA training by topic and date, because "being able to explain your background and training history helps establish you as a credible witness."
What the rules of evidence do to a volunteer
Section 107.002(e) makes the GAL's testimony subject to the Texas Rules of Evidence, and most states apply the same three rules to a lay witness.
Personal knowledge. Texas Rule of Evidence 602 lets a witness testify to a matter only if there is enough evidence that the witness has personal knowledge of it. You can describe the apartment you walked through. You cannot describe the one the caseworker walked through.
Hearsay. Rule 801(d) defines hearsay as a statement the person did not make while testifying at the current hearing, offered to prove the truth of what it says. Rule 802 says hearsay is not admissible unless a statute or rule provides otherwise. In practice, "the teacher told me he misses a lot of school" draws an objection. Some states relax hearsay for GAL reports, so the attorney on your team decides whether to push, not you.
Lay opinion. Rule 701 limits a witness who is not an expert to opinions "rationally based on the witness's perception." "The child flinched when his father raised his voice" is what you saw. "The child has an anxiety disorder" is a diagnosis you cannot give unless a party qualifies you as an expert, which rarely happens with a volunteer.
On the stand: what direct and cross feel like
The clerk swears you in. The attorney who called you asks first. Arizona's sample outline shows the order: your name and its spelling, your role as the assigned CASA, how many cases you have had, your training with dates, then when you became involved, what records you reviewed, how many visits you made and how many hours you have spent. Then come the substance questions: what you observed, your recommendations, and the basis for each. If your report follows our guide to writing a GAL court report, those answers are already on paper.
Then the other attorneys cross-examine. A parent's attorney's job is to test your facts and your fairness. Expect questions like these:
- "You visited the home four times in eleven months. Is that correct?"
- "You never observed a visit between my client and the child, did you?"
- "Did you discuss your testimony with anyone before today?"
Honest answers are the only safe ones. Arizona's module says to admit every material truth even if it does not help your side, and to say plainly that you spoke with attorneys or other witnesses if asked. If a time or distance is an estimate, say so. Say "that is all I recall" rather than "nothing else happened." Answer only the question asked, and explain when a bare yes or no would be untrue.
Pause before each answer; if an attorney objects, stop and wait for the judge. Never argue, even if the attorney is friendly; Arizona warns that a pleasant manner may be an effort to get you to say more than you know. If you need your notes, ask.
After you step down
Tell your supervisor what was asked, especially any question you could not answer. The judge weighs your testimony with the agency's and the parents' evidence, and the case moves on through the stages in our guide to the court process from petition to permanency. More volunteer guides are on the guides hub.
Common questions
Do CASA volunteers have to testify in court?
Usually not. Most volunteers present a written report and answer the judge's questions without being sworn in. In team states such as North Carolina and Florida, a program attorney presents the position. Texas Family Code section 107.002(d) lets a court compel a guardian ad litem to attend and testify when needed.
Can a volunteer repeat what the child or a teacher told them on the stand?
Under rules like Texas Rule of Evidence 801(d) and 802, a statement someone else made outside the hearing, offered to prove it is true, is hearsay and may draw an objection. Exceptions and state-specific rules for GAL reports exist, so the attorney on your team decides how to handle it.
What should I do if I receive a subpoena?
Call your program supervisor or coordinator the same day. CASA of Arizona tells volunteers to notify the coordinator right away so the court can give instructions on how to proceed.
Can I bring my notes to the witness stand?
Ask before you use them. Judges typically allow a witness to refresh memory from a document, but the other parties may then be entitled to see it. Review your contact log before the hearing so you rarely need it.
This is general information, not legal advice. Rules differ by state, county and courtroom, and they change. Verify anything time-sensitive with your supervising GAL staff, the court or a licensed attorney in your state.