Direct Examination

• Author: Jim Wren
• Pages: 445-474

16-1

16. Direct

Examination

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

Proving Damages to the Jury

16-2

16. Direct

Examination

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

§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