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

5 Tips for Preparing Defense Closing Statement

man holding up five fingers for the five tips for defense closing argumentLike opening statements, defense counsel should strategically organize the closing argument and reduce it to very simple main points. But unlike an opening statement, a closing argument is an explicit argument rather than a narrative containing an implicit argument. Here are five tips for defense counsel’s closing argument. Continue reading

For Richer or Poorer: Don’t Discuss a Party’s Financial Status with the Jury

woman zipping her mouth shut so she won't discuss parties' financial status with juryMany of us were taught that it’s impolite to refer to someone’s financial status. In a courtroom, it may also be misconduct. Continue reading

How to Put Partial Evidence in Complete Context

When evidence presented during direct examination is distorted by being taken out of context, you can counteract that distortion by invoking the rule of completeness. Continue reading

FAQs about Redirect Examination

After the other side has had a chance to cross-examine your witness, you get another bite at the apple—redirect examination. Knowing when and how to do redirect is key. Continue reading

5 Tips for Crafting a Clear Opening Statement or Closing Argument

Clarity is key. To be persuasive, the meaning of opening statements and closing arguments must be clear to the jury. Here are five tips for attaining clarity, with illustrative examples for each. Continue reading