As with all witnesses, you must be able to control an expert witness during cross-examination. But many experts with experience in testifying treat cross-examiners like presidential candidates deal with the press: they ignore the question asked and answer the question they prefer. Here’s how to keep experts under your control. Continue reading
Evidence
List of Trial Objections
Before heading into trial, review this list of trial objections. And keep it handy during trial. Continue reading
7 Tips for Using Demonstrative Evidence at Trial
The technology used for showing evidence at trial has changed greatly over the years, but the purpose of demonstrative evidence remains unchanged: it breaks the pattern of the trial, clarifies issues, maintains jury interest, and persuades. The challenge for attorneys is to capitalize on new technological resources without causing juror distraction, confusion, and frustration. Here are seven expert tips for meeting this challenge. Continue reading
How to Get a Witness to Start with the Basis for Opinion
Can the adverse party require that a witness on direct examination testify to the basis of his or her opinion before stating that opinion? Short answer, no. But there still may be a way to do it. Continue reading
Don’t Do This on Cross Examination
Many attorneys work through their nervousness by beginning their cross examination with taking the witness step by step through previous direct examination testimony. Then they turn to the hard job of true cross-examination. Here’s why you shouldn’t do this. Continue reading
The Benefit of an Effective Medical Expert: More Money
There’s a definite correlation between the size of personal injury verdicts and the effectiveness of testimony by medical experts. Well-prepared and well-presented medical testimony carries weight and convinces triers of fact. The recent $289 million verdict against Monsanto may be an example. Continue reading
Have You Considered a Motion in Limine to ADMIT Evidence?
Many lawyers view motions in limine as tools used only to exclude or limit particular evidence. But the experts know that a motion in limine is also a useful tool to admit evidence. Continue reading
5 Direct Examination Techniques You Should Be Using
When conducting direct examination of a party or witness, how you ask the questions can be as important as what you ask. Review and apply these five direct examination techniques every time. Continue reading
Are You Showing Enough in an Offer of Proof?
When the opposing side objects to your evidence or the judge rules your evidence inadmissible, it’s time to make an offer of proof to encourage the court to admit the evidence or reconsider its ruling. Here’s a handy table illustrating how much of a showing is necessary in an offer of proof. Continue reading
Begin and End with Your Strongest Questions
When cross-examining a witness, almost always begin and end with your strongest questions. Except in a couple of situations. Continue reading
