Section 11.3 Is the Record Clear?

• Library: Civil Trial Practice 2015 Supp

B. (§11.3) Is the Record Clear?

What is clear to an observer often does not come across the same way on the record. Testimony such as, “I still have pain in my chest,” “I was standing like this,” and “He was standing right here” provides little for appeal. Counsel should be mindful of such statements and follow them up with additional questions so that the record provides a clear explanation of a witness’s testimony. If the opposition wishes to clarify the record, this can be done during cross-examination...