Posted on May 3, 2017 by Julie Brook, Esq.
When it comes to testifying, the first and most fundamental rule is to tell the truth. In addition to the obvious reasons, it’s hard to trick or trap someone who’s telling the truth about everything. But sometimes witnesses are afraid to admit to mistakes or biases and inadvertently appear less than honest. Continue reading →
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Filed under: Business Law, Checklists, Civil Litigation, Evidence, Litigation Strategy, Trial Strategy | Tagged: honesty, preparing a witness, tesifying witness, testimony, trial, trial attorney, truthfulness, witness | 2 Comments »
Posted on March 10, 2017 by Julie Brook, Esq.
There are some questions that are virtually always safe to ask during cross-examination and often elicit pleasantly surprising answers. Consider asking these questions on your next cross—they could make all the difference. Continue reading →
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Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: cross-examination, questioning, questions, trial, trial attorney, witness | 1 Comment »
Posted on January 9, 2017 by Julie Brook, Esq.
When a witness can’t understand or communicate in English, you need to get an interpreter. Evid C §752(a). It’s not as simple as just finding someone who speaks the same language as your witness. But getting the right interpreter is much easier if you follow these four tips. Continue reading →
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Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: court interpreter, deposition, translator, trial, witness | 8 Comments »
Posted on November 2, 2016 by Julie Brook, Esq.
Jurors have been bombarded with information about “body language.” This information is joined by common folklore about tell-tale signs of falsehood. Here are five things to practice with your witnesses to keep their body language consistent with their truthful testimony.
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Filed under: Civil Litigation, Criminal Law, Litigation Strategy, Trial Strategy | Tagged: body language, direct examination, jury, Jury trial, trial, trial attorney, witness, witness preparation | Leave a comment »
Posted on October 5, 2016 by Julie Brook, Esq.
A witness’s deposition can be used for impeachment (i.e., to attack the witness’s credibility) by showing that the testimony on the stand isn’t consistent with the deposition testimony or “for any other purpose permitted by the Evidence Code.” CCP §2025.620(a). The quoted language permits the deposition to be used to show both prior inconsistent statements (Evid C §1235) and prior consistent statements (Evid C §1236). Next time you have depo testimony that will impeach a witness, follow these 10 steps. Continue reading →
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Filed under: Civil Litigation, Discovery, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: deposition, deposition transcript, impeaching a witness, introduction of evidence, trial, trial evidence, witness | 3 Comments »
Posted on August 12, 2016 by Julie Brook, Esq.
Your approach to cross-examination will vary depending on the “type” of witness being examined, e.g., the hostile witness, the flippant witness, the timid witness, or the sympathetic and truthful witness. But regardless of which type you’re dealing with—which can even change during your examination—there are some universal principles of cross-examination that apply in any situation. Continue reading →
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Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: cross-examination, evidence, examining a witness, questioning a witness, trial, witness | 4 Comments »
Posted on April 8, 2016 by Julie Brook, Esq.
It sounds obvious: You should always listen carefully to the witness during cross-examination. But listening means more than just hearing the words actually said. Ideally, your listening will go well beyond that, which can make all the difference in improving your cross-examination. Continue reading →
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Filed under: Checklists, Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorney, cross-examination, questioning, trial, witness | 1 Comment »
When it comes to testifying, the first and most fundamental rule is to tell the truth. In addition to the obvious reasons, it’s hard to trick or trap someone who’s telling the truth about everything. But sometimes witnesses are afraid to admit to mistakes or biases and inadvertently appear less than honest. Continue reading 
