When taking or defending a deposition, always keep in mind that you’re making a record for the jury. Sometime later, perhaps years after the deposition took place, a jury may hear parts of the deposition and you want everything to be there and be clear. Continue reading
preparing for trial
9 Things to Tell Your Witness Before Cross-Examination
Part of preparing your witnesses for trial testimony includes preparing them to be cross-examined. Witnesses often worry that trick questions will make them say the wrong thing or that they’ll be made to look foolish. Tell them the following and they’ll be ready to handle any cross-examination.
What to Do a Month Before Trial
You’re 30 days from your trial date. Maybe it’s been a while since you’ve gotten this close, or maybe it’s your first time. Don’t worry—here’s a handy chart setting out what you need to do. Continue reading
3 Things to Consider When Preparing a Young Witness
When it comes to preparing a child to testify at trial, there are at least three things that differ from preparing an adult witness. Continue reading
Before You Cross-Examine, Write This Down
“The toughest part of being a trial attorney, whether criminal or civil, is pulling off an excellent cross,” says Toni Messina in her article for Above the Law. So, if you’re a new trial attorney, or it’s been a while, it’s natural to be nervous about an upcoming cross-examination. An excellent way to calm your nerves and set yourself up for success is to write down virtually all of your questions and related information in advance. Here’s what to write. Continue reading
How to Prepare a Trial Outline
Heading to trial? Start your planning by preparing a trial outline. Here are the key things to include and a sample outline to give you an idea how it looks. Continue reading
Make a Plan for Each Witness
Before you prepare a witness for trial, you should know precisely what you expect to accomplish through that witness. In other words, have a plan. Continue reading
5 Steps to Fixing the Facts in Your Client’s Mind
If properly prepared, your testifying client will be relaxed, confident, natural—and a master of pertinent facts. But no one can behave naturally on the stand while trying to keep in mind 50 different facts. When you’re preparing your client to testify, your job is to narrow the case to a few important facts and then fix them in your client’s mind. Continue reading
Your Trial Notebook Starts with Your Files
Not sure where to begin on your trial notebook? Start with your office files. Continue reading
Organizing Discovery
For discovery to be useful in a case, it must be organized. One effective way to organize discovery is with an issue table. Issue tables are a way to keep track of the main issues, the elements of the claims and defenses, and the relevant evidence. Continue reading
