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Eyewitness Testimony Cross Examination

IMS Legal Strategies

5 Tips for Med Mal Expert Testimony from a Hot Seat Veteran

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As a presentation technology consultant, I have been sitting in the hot seat for almost 25 years. I average one trial a month with about 75% being medical malpractice (med mal) cases. I work with both plaintiff and defense...more

Holland & Knight LLP

Podcast - Cross-Examination of Expert Witnesses

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small covers typical areas of expert cross-examination and rules to follow when examining an expert witness. Mr. Small focuses on why...more

Holland & Knight LLP

Cross-Examination: The Three C’s of Impeachment

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down the "three C's of impeachment," drawing from his experience in a notable grain elevator explosion case. He highlights...more

Holland & Knight LLP

Cross-Examination: Asking the Right Leading Questions

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In the latest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the art of cross-examination, focusing on the strategic use of leading questions. Through practical insights and...more

Mandelbaum Barrett PC

Two Steps Forward and One Step Back for Me Too Movement

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The reversal of the 2020 rape conviction of Harvey Weinstein was a major blow to the Me Too Movement his conduct helped start. Whether New York’s highest court was correct in its 4 to 3 decision will nevertheless force the...more

U.S. Legal Support

Preparing a Witness for Cross Examination

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It’s always seen in courtroom dramas—the smirking attorney who drives a witness into an emotional frenzy that leads to an admission of perjury, guilt, or confusion. The real experience is rarely as flamboyant as TV episodes...more

U.S. Legal Support

Witness Preparation Tactics to Prep Clients

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Before they swear to “tell the truth, the whole truth, and nothing but the truth,” witnesses need to be prepared for the process and challenges of testifying in a trial, deposition, or other legal proceeding. How you...more

IMS Legal Strategies

Witness Testimony Themes, Cross Examination, & Preparation Consultants – Episode 55

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IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera explains why themes are important for testimony, how to prep witnesses for cross, and what attorneys can gain from working with consultants. Listen, watch, and/or read...more

IMS Legal Strategies

Witness Testimony Themes, Cross Examination, & Preparation Consultants – IMS Insights Podcast Episode 55

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IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera explains why themes are important for testimony, how to prep witnesses for cross, and what attorneys can gain from working with consultants. View the transcript here:...more

IMS Legal Strategies

Witness Prep Goals, Credibility Factors, & Juror Comprehension – IMS Insights Podcast Episode 54

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IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera joins podcast host and IMS Client Services Advisor Adam Bloomberg to discuss the goals of witness preparation, what makes a witness credible, and how witnesses can...more

Holland & Hart - Your Trial Message

Witnesses, Don’t Create Obstacles to a Positive Perception

Witnesses, I’d like to have a word. You know the most important audience for your testimony — the jurors in the courtroom with you, or the future jury who might someday see a clip of your deposition? That audience is kind of...more

Holland & Hart - Your Trial Message

Take the Medicine: Three Steps to Pre-empting Your Witness’s Bad Stuff

You have your witness on the stand in direct examination. You have finished laying out the positive story that you want to tell, but you have one more thing to do before handing that witness over to the other side...more

Holland & Hart - Your Trial Message

First Answer in Direct: Introduce Yourself to the Jury

As you are putting on your case at trial, and you go to call your next witness, there’s always a reaction from the jury box. It’s an opportunity for fresh attention from them, but it is often a bit of a mystery...more

Holland & Hart - Your Trial Message

Witnesses: Know that Certainty Matters as Much as Accuracy

When thinking about the title for this post, I came awfully close to saying that certainty “matters more” than accuracy, but I thought that perhaps it might sound too cynical. But that stronger version is supported by the...more

Holland & Hart - Your Trial Message

Witnesses: Protect Yourselves Against the “Just Answer Yes or No” Instruction

It sometimes happens in the course of testimony: After what might have been a longer or misdirected answer, the witness will receive a stern admonition from either the questioning attorney, or worse, the judge...more

Holland & Hart - Your Trial Message

Your Direct Examination: Know the Steps, but Let the Attorney Lead

When preparing for trial testimony, often the focus is on what opposing counsel is going to do. You prepare for cross, naturally enough, because that is an adversarial moment. But my own view is that direct examination should...more

Holland & Hart - Your Trial Message

Allow a Little Awkward Silence

Trial lawyers work in words: language that is precise, economical, and influential. Those words are the water that litigators swim in, and for that reason, the absence of words can be a little uncomfortable. That can be an...more

Holland & Hart - Your Trial Message

Don’t Hedge

The habit of sort of just filling in your speech with expressions of uncertainty, when you’re not really that uncertain, is probably a bad habit. I mean, I am fairly sure that these hedges cut down on your perceived...more

Holland & Hart - Your Trial Message

Witness Prep: Don’t Blur the Line Between Practice and Discussion

Attorney: “To help prepare you for your testimony, let’s review what they’re going to ask about. They’re going to ask about Smith’s performance reviews.” Witness: “Okay, I can talk about these…” Attorney: “Great, so…Why...more

Holland & Hart - Your Trial Message

Know the Perils of a Repeated Question

It is the classic scenario for a false confession: The suspect sits in a small room answering the same questions over and over again as the detective repeating those questions grows more and more exasperated. Finally, as the...more

Holland & Hart - Your Trial Message

Rein In Your Redirect

By Dr. Ken Broda-Bahm: In trial, many things are planned in advance, but some things are reactive during the moment. When you can control it, you’ll meticulously plan it before trial and then execute your plan during trial....more

Holland & Hart - Your Trial Message

Trial Witnesses, Un-Lead the Questions

When testifying, there are some situations where a “less is more” rule applies. In a deposition, for example, you don’t want to aid the other side, and will often prefer conciseness. However, when undergoing cross-examination...more

Holland & Hart - Your Trial Message

Rebuttal: End With Your “Untouchables”

The two terms are often used interchangeably, but “rebuttal” doesn’t mean the same thing as “refutation.” The latter amounts to an attack on the arguments of the other side, and the former means rebuilding your own arguments...more

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