How to Rehab Your Witness

What can you do if your witness’s truthfulness has been challenged? Use evidence of the witness’s prior consistent statement to rehabilitate your witness. Here’s how it’s done. Continue reading

7 Questions to Answer Before Using Opinion Character Evidence

There are situations in which you may want to introduce opinion character evidence at trial. But before you use a character witness in a civil case, ask yourself the following questions. Continue reading

Don’t Do This on Cross Examination

cross examining a witness

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

Have You Considered a Motion in Limine to ADMIT Evidence?

young lawyer considering whether to use a motion in limine to include evidenceMany 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

3 Tips for Plaintiff’s Closing Argument

plaintiff's lawyer talking to jury during closing argumentA plaintiff‘s closing argument must focus on linking the plaintiff’s claims to the evidence. However when a jury is involved, you’ll need to do more than that. Here are three tips from expert trial attorneys for an effective closing argument. Continue reading

What You Can’t Ask a Juror During Voir Dire

potential jurors waiting to be questioned by the attorneys and the judgeWhen selecting a jury for a civil trial, counsel has pretty wide latitude in terms of the scope of voir dire questions. But there are limits. Continue reading

Begin and End with Your Strongest Questions

use strong question to open and close your cross-examination of a trial witnessWhen cross-examining a witness, almost always begin and end with your strongest questions. Except in a couple of situations. Continue reading

Should You Object to Compound Questions?

A question to a witness is objectionable on the ground that it’s compound if it joins two or more questions with the disjunctive “or” or the conjunctive “and.” But it may not always make sense to object. Here’s a look at the dangers of compound questions and how to handle them. Continue reading

3 Times Not to Ask Leading Questions on Cross

attorney questioning witness during cross-examinationLeading questions are the main tool of the cross-examiner—they tell a witness how to answer by suggesting an answer. See Evid C §764. But you should also know when using leading questions on cross-examination isn’t the best technique. Continue reading

Should You Use Voir Dire With Opponent’s Expert?

lawyer asking expert witness questions about qualificationsAfter opposing counsel attempts to qualify an expert witness, you can ask the court to let you conduct voir dire on the expert. But just because you can, doesn’t mean you should. Continue reading