Chapter 1 - § 1.11 • ORDER OF EVIDENCE

• Jurisdiction: Colorado

§ 1.11 • ORDER OF EVIDENCE

The order in which evidence is offered at trial is very important. You must arrange the presentation of your evidence so that you grab and maintain the jury's attention throughout the trial. The following are some practical suggestions for organizing your presentation.

• Tell a story. Think of how you would explain your case if you did not have to be concerned about the formal introduction of evidence — you would likely tell it as a story. To the extent possible, tell your story in a logical order. Introducing evidence out of order and without providing the jury with a framework for understanding its relevance is likely to be ineffective — the jury will be confused, and the impact of the presentation will be lost. Telling your story in a logical order will make it far easier for the jury to follow.

• Grab the jury's attention early. If you want to keep the jury's attention throughout a trial, it is essential to grab their attention early. Make them want to listen to the remainder of the evidence. Your opening statement is obviously important, but your initial witnesses must give the jury a reason to listen as well.

• Keep the jury interested by mixing it up. Do not use the same presentation with each witness. Vary your questioning and use of exhibits.

• Reinforce your themes. Try to tie the testimony of each of your witnesses to the themes you stressed in your opening and those you will stress in your closing. Following this approach will make it easier for the

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