Trial Skills Final Exam, Ch. 4

Front 1

what does an expert witness do

Back 1

gives a specialized opinion; can comment on the testimony or the expected testimony of an opposing expert (ask your expert if he disagreed with the conclusions of that expert and why)

Front 2

how to establish your experts credibility

Back 2

take extra care regarding the appropriate background questions; ask questions that elicit specific answers regarding witness' education, special training, board certifications and publications

Front 3

making your expert's testimony easier to process for the jurors

Back 3

- avoid questions that lead to long, narrative answers
- use visual aids so that jurors can easily process the informaton

Front 4

ordering your witnesses

Back 4

- begin powerfully, end memorably; remember the tenets of primacy and recency
- order your witnesses so they clearly and concisely tell your story
- order of witnesses is important so that appropriate foundations have been laid

Front 5

choosing which witnesses to call

Back 5

less is more
- the witness is the best person to support a theme from the opening statement
- if he corroborates other testimony, the corroboration must be important and not necessarily cumulative
- the witness is needed to get in evidence (custodian)

Front 6

preparing a witness to take the stand

Back 6

1. make the witness comfortable
2. explain how the witness fits into the overall puzzle of the trial
3. discuss testimony in terms of themes
4. do not go over the testimony too many times
5. review expected topics of cross (try to get them to reveal any info they may be hiding to avoid surprises in ct)
6. prepare witness for mannerisms of crossing attorney
7. discuss appropriate behavior (don't guess or argue with opposing counsel)

Front 7

techniques for direct examination

Back 7

1. ask non-leading questions
2. ask a variety of short, specific, open-ended questions (who, what, when, where, why, how)
3. transitions (sign posts, headlines)
4. commands (slow down, speak up)
5. looping (incorporate answer into next question)
6. leading questions are acceptable in areas like background where nothing is in dispute
7. use exhibits and demonstrations to allow witness to explain in more detail what he has already testified to

Front 8

preparing for a direct examination

Back 8

1. make a list of exhibits you need to discuss with each witness/admit into evidence
2. make sure each piece is covered when you pass the witness
3. create an outline with all important bases: reason for testifying, background, details of observations, weaknesses, visual aids/exhibits, what memorable note to end on

Front 9

problems encountered in direct examination

Back 9

- getting more details from witness (please explain)
- refresh recollection of witness
- confront weaknesses (prior convictions)

Front 10

6 steps to refresh a witness's recollection

Back 10

FRE 612
1. determine if memory can be refreshed without directly asking witness
2. confirm by asking witness if something would help refresh memory
3. let witness read document
4. take the document away from witness
5. ask witness if document refreshed memory
6. ask witness original question he could not answer