Sometimes a witness needs documents to refresh his or her recollection. This can lead to a tough choice for attorneys. Continue reading
trial
What to Include in an Expert Retention Agreement
It’s always best to put your fee agreement with an expert into writing. Here are the most important provisions to include in an expert retention letter agreement. Continue reading
These Statements Aren’t Hearsay, Even If Admitted for Their Truth
There are several types of statements that, although sought to be admitted in evidence for their underlying truth, aren’t considered hearsay. This means you can get them into evidence and no hearsay exception need apply. Continue reading
6 Sources to Use When Preparing Voir Dire Questions
As you work on your questions to ask the jurors during voir dire, consider these six sources for ideas. Continue reading
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
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.
How to Control an Expert Witness
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
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
