Direct examination

AuthorJim Wren/Laura Brown
Pages363-386
DIRECT EXAMINATION
16-1
CHAPTER 16
DIRECT EXAMINATION
I. FOUNDATIONAL PRINCIPLES
A. Understand the Objectives
§16:01 Connection
§16:02 Teaching Through Story
§16:03 Touching the Legal Bases
B. Use a Successful Interview Format
§16:10 Three Keys to a Successful Interview
§16:11 Organize It as a Story
§16:12 Pay Attention to Pacing
§16:13 Intentionally Create Interaction and Inclusion
C. Prepare the Right Way
§16:20 Find the Stories of the Witnesses
§16:21 Identify the Goal(s)
§16:22 Simplify the Organization
§16:23 Educate Your Witness About the Goal(s)
§16:24 Practice Both Direct and Cross Examination
§16:25 Instill a Sense of Purpose and Conf‌idence
§16:26 Consider the Need for Reference Material
II. KEEP WITNESSES IN THEIR OPTIMUM ROLES
§16:30 Two Basic Principles
§16:31 Focus on the Injury to Others
§16:32 Describe the Plaintiff’s Fight
§16:33 Show How Money Can Help
III. USING DEMONSTRATIVE EVIDENCE
§16:40 The Value of Demonstrative Evidence
§16:41 Photographs
§16:42 Day-in-the-Life Video
§16:43 Physical Objects as Symbols of Loss
§16:44 Expert Summaries
§16:45 Video Depositions
§16:46 Client as Exhibit A
IV. THE ORDER OF WITNESSES
§16:50 Don’t Start With a Damages Witness
§16:51 Don’t Start With the Plaintiff
§16:52 Start With a Strong Liability Witness
§16:53 End With a Strong Damages Witness
DIRECT EXAMINATION
Proving Damages to the Jury 16-2
§16:54 Start and End Each Session Strong
§16:55 Start With Liability; End With Damages
V. QUESTIONING YOUR PRIMARY CLIENT
§16:60 The Impression Is More Important Than the Testimony
§16:61 Help the Jurors Respect the Plaintiff
VI. QUESTIONING FAMILY MEMBERS, FRIENDS AND COWORKERS
§16:70 Family Members May Be More Easily Accepted Than the Plaintiff
§16:71 Have Family Members Testify About Each Other’s Loss
§16:72 Use Short Stories Rather Than Conclusions
§16:73 Friends and Co-Workers Can Be Vital Witnesses
VII. QUESTIONING YOUR DAMAGES EXPERT
§16:80 Find an Expert Who Can Teach
§16:81 Simplify the Testimony
§16:82 Turn the Key Points Into Stories
§16:83 The Expert Should Act Like an Expert
§16:84 Show Key Documents to the Jurors
§16:85 Cover Life Care Plans Carefully
§16:86 Use an Objective Tone and Tough Questions
VIII. USING REENACTMENT IN DIRECT EXAMINATION
A. The Legal Criteria
§16:90 Reenactments Are Powerful
§16:91 Requirements for Using Reenactments
§16:92 Requirement of Personal Knowledge
§16:93 Requirement of Substantial Similarity
§16:94 Requirement to Avoid Unfair Prejudice
B. How to Help the Jury Experience the Damages
§16:100 Use Court Reenactment for a Limited Purpose
§16:101 How to Conduct the Court Demonstration
IX. FORMS & SAMPLES
16-1 Preparation for Clients
16-2 Preparation for Non-Client Witnesses

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