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
trial
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
4 Things Expert Witnesses Should Read Before Trial
In addition to the file materials used in preparing for deposition—and that should be reviewed again for trial—there are at least four types of written materials that every expert witness should carefully read and analyze before testifying at trial. Continue reading
4 Ways to Appear More Credible to the Jury
Both the opening statement and the closing argument should be used to persuade. An essential part of the persuasion process is establishing your credibility with the jury by nurturing its perception of your sincerity, trustworthiness, and knowledge of facts. Here are four ways to increase your credibility. Continue reading
3 Ways to Prove Former Testimony at Trial
There are times you want to offer former testimony against a party to a former proceeding or against a party at the current trial who wasn’t a party to the former proceeding. There’s a hearsay exception for that, and here’s how you use it. Continue reading
The Best Way to Start a Cross-Examination
The key to a successful cross-examination is to start strong. The beginning of your cross is the time to go for the jugular. Here’s an example of how it’s done. Continue reading
