Direct Examination and Witness Preparation
Transcript of Direct Examination and Witness Preparation
Direct Examination and
Witness Preparation
PowerPoint by David L. Deehl Deehl & Carlson, P.A.
Miami, Florida [email protected]
305-448-9111 www.deehl.com
Direct Examination and
Witness Preparation –
ABA YLD NASHVILLE
May 3, 2012 David L. Deehl, Miami, Florida Past Chair, ABA TIPS Trial Techniques Committee Member, Florida Bar Civil Trial Board Certification Committee, adjunct Professor of Litigation Skills –
Trial at the University of Miami School of Law
Richard L. Vanderslice, Philadelphia, PA
DIRECT EXAMINATION: Tell A
Story Through The Witness
Making your case come alive
through effective direct examination
PRESENTATION IS
IMPORTANT
FORM
TO DELIVER
SUBSTANCE
Think of a gourmet meal
Same Nutrition
Different Presentation
Do you find it as appetizing?
Looks bad, tastes good
Maybe the evidence can
sustain an appeal
But will it move the jury to bring your client the justice
she needs?
Effective direct examinations begin with the first impression the witness has of you, and
your first impression of the witness. Showing the witness respect is the beginning of a
good direct examination. Meet with the witness on their turf, and their
convenience, if possible. Meet in their homes or offices. We can learn much, very quickly about them and their
habits, businesses and families by seeing where they come from, literally.
Go to the scene with them for accident cases. Tell them your theme of the case, and why justice is
important to you and your client.
PREPARATION
Get command of your facts
Goals – what is this witness key for
Making the witness credible
Delivering the message
Defusing harm of cross examination
Spend time with your witness When
Early and often
Where
Your office
Their office
Their homes
The scene
The courtroom
How
Let them know how committed You are to justice for your client
Get the facts straight
Show them respect
Prepare for direct and cross
Give your witnesses homework
Make sure they go through all statements, documents, and depositions
Medical and Employment Records
Make sure they did what you asked and go over it in time for them to do it again if not done carefully enough
Make the witness comfortable
Touch them
Let them know the truth is powerful and easy
Practice with them, but do not do it too scripted
Talk about word choice
Prepare for cross
Give your witnesses what will be used to cross examine them
Do a sample cross
Have them connect with the jury, even on cross
Short answers
Sincerity
How to handle the abusive examiner
Just be kind and quiet back, while connecting to the jury
Educational Techniques
USE EDUCATIONAL TECHNIQUES
AURAL Learning
VISUAL learning
KINESTHETIC Learning
Storytelling
USE STORY TELLING TECHNIQUES Active voice Movement Exhibits
USE PERSUASIVE
TECHNIQUES
Leave the conclusion for the jury
Suspense
Mystery solving