Understanding Direct and Cross Examination in 2022 Legal Proceedings
Discover the nuances of direct and cross examination in legal proceedings for 2022. Topics include the scope of cross-examination, limitations, leading questions, witness preparation, and work-product immunity implications. Gain insights into how courts handle witness testimony and the importance of effective examination techniques.
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Presentation Transcript
CHAP. 7 : DIRECT AND CROSS REVISITED Prof. JANICKE 2022
SCOPE OF CROSS-EXAM assigned: RULE 611 >>> 2022 Chap. 7 -- More On Direct and Cross 2
SCOPE OF CROSS GENERALLY LIMITED TO SCOPE OF DIRECT + ISSUES OF WIT. CREDIBILITY COURT CAN ALLOW WIDER SCOPE OFTEN DOES, TO SAVE TIME OF RECALLING THE WITNESS TEXAS: NO LIMIT ON SCOPE OF CROSS ANY RELEVANT SUBJECT 2022 Chap. 7 -- More On Direct and Cross 3
REALITY COURTS USUALLY ALLOW EXPANDED CROSS OTHERWISE, WITNESS NEEDS TO BE RECALLED; LENGTHENS THE TRIAL; BURDENS THE WITNESS 2022 Chap. 7 -- More On Direct and Cross 4
LEADING ON DIRECT R. 611(c) ALLOWED SOMETIMES TIMID WITNESS MOMENTARY MEMORY LAPSE ADVERSE WITNESS (ASSOCIATED WITH OTHER SIDE) 2022 Chap. 7 -- More On Direct and Cross 5
TRADITION: ALSO ALLOWED ON PRELIMINARY MATTERS WHAT IS PRELIMINARY? 2022 Chap. 7 -- More On Direct and Cross 6
LEADING TO REFRESH MEMORY IS ALLOWED ON DIRECT PROMPTING BY LEADING (A LITTLE) IS OK JUDGE S DISCRETION 2022 Chap. 7 -- More On Direct and Cross 7
LEADING ON CROSS BROADLY ALLOWED EXCEPTION: YOUR CLIENT ON THE STAND, CALLED BY ADVERSARY: HERE THE RULES ARE REVERSED; ADVERSARY LEADING ON DIRECT IS OK, BUT YOU CAN T LEAD ON CROSS 2022 Chap. 7 -- More On Direct and Cross 8
WITNESS PREP. MATERIAL ASSIGNED: RULE 612 2022 Chap. 7 -- More On Direct and Cross 9
WORK-PRODUCT IMMUNITY WILL NOT PROVIDE SECRECY IF LAWYER-PREPARED MATERIALS ARE SEEN BY WITNESS: WILL HAVE TO BE HANDED OVER AS STATED ABOVE 2022 Chap. 7 -- More On Direct and Cross 10
PROBLEMS/CASES Baker 2022 Chap. 7 -- More On Direct and Cross 11
CROSS-EXAM IS AN IMPORTANT RIGHT IF WITNESS FLEES AFTER DIRECT EXAM, OR REFUSES TO COMPLETE CROSS, THE DIRECT WILL BE STRICKEN ON MOTION 2022 Chap. 7 -- More On Direct and Cross 12
THE RULE ASSIGNED: RULE 615 2022 Chap. 7 -- More On Direct and Cross 13
SOME WITNESSES ARE EXEMPT FROM THE RULE, i.e., CAN STAY IN COURTROOM INDIVIDUAL PARTIES e.g. JONES v. SMITH ONE DESIGNATED WITNESS CAN STAY FOR EACH CORPORATE PARTY OTHER PERSONS SHOWN TO BE NECESSARY TO PRESENTATION OF THE CASE USUALLY EXPERTS 2022 Chap. 7 -- More On Direct and Cross 14
THE JUDGE MAY FURTHER TIGHTEN THE RULE MAY ADD PRETRIAL ORDER NOT TO DISCUSS EXPECTED TRIAL TESTIMONY WITH OTHER WITNESSES ALSO MAY BIND LAWYERS NOT TO INFORM RE. WHAT OTHER WITNESSES SAY 2022 Chap. 7 -- More On Direct and Cross 15
PROBLEM 7A DAILY TRANSCRIPTS FILM CLIP, A PLACE IN THE SUN 2022 Chap. 7 -- More On Direct and Cross 16
