Civil Litigation Brief

JULY 10, 2025

I am grateful to barrister Jack Macaulay for bringing my attention to the case we are looking at here. I refer people to Jack's detailed summary of the issues below. However, here, I want to concentrate on two aspects of.

Cross-Examination

Plaintiff Trial Lawyer Tips

JANUARY 15, 2025

GOALS OF CROSS EXAMINATION Lawyers sometimes fail to prepare for cross examination in the same way they do other parts of the trial. They just have a general sense they want to prove the witness is wrong or a liar. Thats why cross examination is often not only unsuccessful but, boring.

Cross-Examination

E-Discovery LLC

AUGUST 23, 2024

In Authentication is key to direct and cross-examination (thedailyrecord.com) (Aug. 22, 2024), my friend Paul Sandler wrote: “It can be said that direct and cross-examination are the central features of the trial, and essential to examinations are the exhibits sought to be introduced in evidence.”

Cross-Examination

E-Discovery LLC

JULY 5, 2024

See Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video (Mar. The “silent witness theory” was used in Cleveland v. He did that by cross-checking the information on his cell phone and he found the date/time on the Michaelangelo’s Pizza video to be accurate.

Evidence

Attorney at Work

JULY 13, 2021

If you’re a budding litigator, your list may include taking a plaintiff’s deposition or cross-examining an expert witness. Similar to the Done List , where you list all the experiences and work you’ve done, you can create a “skills” or “experience” list, listing skills or experiences you want to acquire or hone.

Cross-Examination

Jonathan Leach LLC

AUGUST 7, 2024

Jonathan Leach, LLC is a trial consulting firm that helps attorneys, parties, clients, and witnesses present the best case possible. From jury consulting to witness training, we can tailor our services to fit your case’s unique needs to help your legal team feel confident. 10 Essential Trial Preparation Steps 1.

Trial Preparation

Plaintiff Trial Lawyer Tips

OCTOBER 31, 2024

Opening statement, witness examination & summation Depositions  Review all depositions & index for access at trial  Create summary of relevant testimony with index to access at trial  Decide how to use at trial. .  Index & make summary of relevant information for use at trial. Decide how to use at trial.

Cross-Examination

Your Trial Message

APRIL 30, 2025

By Dr. Ken Broda-Bahm: As a witness prepares to testify in trial, the big fear is often cross-examination.

Cross-Examination

Your Trial Message

SEPTEMBER 10, 2024

By Dr. Ken Broda-Bahm: Cross-examination is a big deal for a key witness. I’ve noticed in trial that it gets some added attentiveness from the jury. Knowing that they’re now seeing one side pitted directly against the other, jurors will sit forward a bit in their seats to see who gets the better end of […]

Witnesses

Jonathan Leach LLC

FEBRUARY 24, 2025

Regarding legal cases, witnesses can either make or break the case. The more prepared your witnesses are, the better your chances of winning the hearing. In this article, we will discuss why witness training is important for your legal case. The proper witness training can provide you with a quality testimony.

Witnesses

Your Trial Message

SEPTEMBER 24, 2024

Ken Broda-Bahm: As they enter a deposition room, or approach the lectern for cross-examination at trial, opposing counsel is looking for an opportunity to make a few memorable points at your witness’s expense.

Witnesses

Gerry Oginski's New York Legal Blog

JANUARY 17, 2018

You're asked during cross examination how fast you were going fifty feet before the impact. But for some reason, you have a brain freeze and just don't remember the answer while you're on the witness stand. Want to know why? It's because when you guess you could be right and then again, you could be wrong.

Cross-Examination

E-Discovery LLC

MAY 27, 2024

In response, “the prosecutor proffered that Sandhu was named in the supplemental discovery documents, which had been disclosed several weeks before the start of trial, but candidly acknowledged that the State had not indicated its intention to call Sandhu as a witness at that time. Williams v. State , 416 Md. 670, 698 (2010).

Discovery

Jonathan Leach LLC

JUNE 27, 2023

How Witness Prep Can Help You Win Your Case One of the most important pieces of any trial is the witnesses that tell what happened. Just as a well-prepared witness can help prove your case, an ill-prepared witness can derail the entire trial. What Is Witness Preparation? Can a Witness Be Prepared for a Deposition?

Witnesses

Plaintiff Trial Lawyer Tips

MAY 3, 2024

that creates a powerful mental framework — something we call a ‘schema’ — that can induce witnesses to simply agree to many of the Reptile’s extreme safety questions” Dr. Broda-Bahm goes on to suggest ways a witness can be taught to avoid agreeing with absolutes in questions posed by the plaintiff lawyer about safety duties.

Cross-Examination

Jonathan Leach LLC

JUNE 10, 2024

This includes case briefs, witness statements, exhibits, and relevant statutes or legal precedents. Summarize the facts, jot down key points from witness statements, and organize notes for easy reference later. Plan your direct and cross-examinations of witnesses.

Burden Of Proof

Lawmatics

MARCH 1, 2023

Asked and Answered During a cross-examination, opposing counsel may repeat the same questions framed in different ways to elicit the same answer. In most cases, asking an off-topic question is a tactic used to shed negative light on a witness's character. Protect your witness by keeping them comfortable.

Depositions

Expert Witness Blog

MAY 24, 2024

Summary: Mechanical Engineering Expert Witness allowed to provide testimony even though the defendant’s argued that he was not qualified to offer an opinion on miters saws as he does not have the requisite experience on the topic. The plaintiff hired Mechanical Engineering Expert Witness Dr. Charles E. Home Depot USA, Inc.

Witnesses

Plaintiff Trial Lawyer Tips

FEBRUARY 3, 2025

I want to treat everyone, including the defendant, the judge, the court personnel and witnesses with appropriate respect. If you begin with the defendants conduct they will begin by examining the context of the defendants behavior and not focus on what the plaintiff did or should have done. Direct examination. Cross examination.

Cross-Examination

Expert Witness Blog

MAY 10, 2024

Summary – Admiralty & Maritime Expert Witness allowed even though the defendant argued that the expert is not qualified to offer an opinion on the locking mechanism on a chair on a cruise line simply by having worked on a cruise ship. Facts – This case ( Martin-Viana v. ROYAL CARIBBEAN CRUISES LTD.

Witnesses

Mock Trial Nerd

AUGUST 27, 2021

I’ve been coaching mock trial for about 12 years now, and every single year, I find that redirect examinations are the last thing our team has prepared. Your mock trial team has prepared a direct examination and cross-examination for every single witness. They’re always overlooked!

Redirect Examination

Temple University Beasley School of Law - Advocacy

FEBRUARY 4, 2024

And character testimony may be challenged on cross-examination. The witness is asked “are you aware” or “have you heard” that defendant X was convicted in 2018 of [name of crime]. Thus, there is no proof that there was a conviction the character witness should have heard of. And the conundrum?

Witnesses

E-Discovery LLC

AUGUST 31, 2024

He examined 25 to 35 hours of video and found footage depicting the shooting at about 12:17 a.m. He maintains that the Rule permits using a summary only when the individual aspects cannot be conveniently examined in court or when the facts may be ascertained only via that summary, which was not the case here.”

Admissibility

Gerry Oginski's New York Legal Blog

JUNE 23, 2018

If done correctly, you can lock the witness into their story. There are many times during a lawsuit where a witness observed some important facts surrounding your case. One side may want to question that witness to learn what he saw, what he did and what he observed. That testimony can be used to cross examine your mom at trial.

Depositions

Jonathan Leach LLC

DECEMBER 11, 2023

Participants of mock trials in El Paso will learn how to construct compelling arguments, effectively present evidence, and cross-examine witnesses. Advocacy Skills In any case, you’re advocating for someone hoping to see results in your favor. It can make all the difference in the success of your case.

Cross-Examination

Jonathan Leach LLC

OCTOBER 16, 2023

With the help of Jonathan Leach, LLC, we help attorneys, parties, clients, and witnesses in El Paso present the best case possible. This service provides a range of activities, including developing trial strategies, assisting with jury selection, conducting jury research, and preparing witnesses for trial to form a strong case.

Litigation

Lawmatics

AUGUST 8, 2023

3 Preparing for Witness Cross-Examination Prompt: "Imagine being a hostile witness in a personal injury case, avoiding responsibility for a workplace accident. Provide evasive or combative responses to my questions to help our team practice managing difficult witnesses."

Legal Research

Complex Discovery

APRIL 30, 2025

Collection Pricing Data Points: The Cost The Winter 2025 eDiscovery Pricing Survey from ComplexDiscovery O and EDRM provides critical benchmarking data on collection-related costs: Onsite forensic examiner rates : Most commonly reported between $250 and $350 per hour.

Cross-Examination

WA Bar News

MARCH 13, 2025

Heres an example of an effective use of selective quotations in a criminal defendants appellant brief: The primary and most important component of the Confrontation Clause is the right to conduct a meaningful cross-examination of adverse witnesses. Darden , 145 Wn.2d 2d 612, 620, 41 P.3d 3d 1189 (2002). Alaska , 415 U.S.

Cross-Examination

Gerry Oginski's New York Legal Blog

JUNE 19, 2017

What will they say when they take the witness stand? They could sit back and simply cross-examine each witness you put on. The defense lawyer is relying on his cross examination techniques to try and destroy each witness' credibility. What can and can't she do now? Very rarely used.

Cross-Examination

Gerry Oginski's New York Legal Blog

JULY 29, 2017

I know this guy because I've cross examined him before. I've spoken to other attorney's who have cross examined him to get their thoughts and ideas about the type of witness he is. I also might learn a weakness in their case that I wouldn't have otherwise have learned until cross examination.

Cross-Examination

Securities Docket

JULY 3, 2024

Nigeria’s money laundering trial against Binance and two executives was adjourned until July 5 following the cross-examination on Monday of the first witness from the country’s Securities and Exchange Commission. “He has had double pneumonia and malaria whilst in prison.”

Cross-Examination

CaseFox

MAY 23, 2023

They are skilled in oral advocacy, presenting arguments persuasively in courtrooms, and cross-examining witnesses to establish their client’s positions. Litigators are skilled in gathering evidence, conducting depositions, and cross-examining witnesses effectively.

Litigation

CaseFox

SEPTEMBER 28, 2023

Court objections are basically when a trial attorney objects to the opposing counsel’s questions or the testimony of the witness. For instance, if any witness in the court says he heard someone else talking about this- which means it is not firsthand information. Additionally, there is no chance of any cross-examination in this case.

Objections

The Cloud Court Blog

FEBRUARY 24, 2023

In a large case (say, with 100+ depositions), there’s so much testimony data that it is virtually impossible for one person to read and recall all the testimony, not to mention attorney & witness behaviors. Plaintiffs can extract relevant topics and easily contrast testimony of different witnesses. Which brings us to today.

Depositions

The Successful Lawyer

JANUARY 13, 2022

Visualize witness examinations. Watch your client’s demeanor as he or she is cross-examined as well. Imagine the actual cross-examination to help you prepare ways to preemptively neutralize it. Also see yourself cross-examining the opposing party and the opposing expert.

Cross-Examination

Optima Juris

MAY 9, 2025

Speaker-Specific Notes : Track statements by witness or counsel to see how each testimony supports or challenges your working theory of the case. Whether you’re preparing a cross-examination outline or briefing a client, these summaries give you a clear snapshot of the testimony, often in just a few minutes.

Depositions