Rehabilitation; different ways to climb out of a hole
Article Abstract:
Attorneys who focus on rehabilitating a case rather than a witness will have a broader range of options. Re-direct examination is the most immediate answer to damaging cross-examination, but it must be structured so as to point out efficiently what was not addressed during cross rather than belabor what was. Bringing in other witnesses to corroborate the client's testimony may help, as may introducing the complete version of statements taken out of context, rebuttal and judicial notice.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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Helping the witness; techniques for keeping witnesses out of trouble
Article Abstract:
It is essential that witness preparation take place before trial. Attorneys should know the witness' limitations, advise them not to guess or bluff, ask simple questions and tell the witnesses to speak up if they do not understand while at the same time watching for visual cues that the witness is having trouble, and advise the witness about how to dress. Practice direct and cross-examinations should also take place before trial.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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Evasive witnesses: using cross-examination to tell your side of the case
Article Abstract:
The cross-examination is not for gathering information but rather for the attorneys to tell how they perceive the case based on their information. Reluctant witnesses can be controlled through prompting and using information from sworn testimony or other evidence. Even when a witness is consistently evasive, an attorney can gain jury support by showing who has the more complete information.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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