Simplified Rules of Evidence - PowerPoint Presentation

Slide1

Simplified Rules of Evidence

How to Behave in the CourtroomSlide2

Preparing and Presenting Your Case

Carefully examine all materials given

Become familiar with the facts, witness statements, and physical elements

Notice conflicting statements & ambiguitiesSlide3

Case Theories

A theory of a case is simply a proposed explanation of the facts of the case

Develop as many theories of the case as possible that favor your side

Consider the problems you will have as your theories develop (weaknesses, unreasonable theories)

Best theories are usually most logical & simplestSlide4

Testimony

Spoken evidence from witnesses that help prove your theory

Decide what evidence you want to bring out in the testimony of opposing witnesses during cross-examinationSlide5

Courtroom Demeanor

Remain seated at a counsel table during questioning EXCEPT when granted permission to approach the bench or a witness

Always rise when addressing the judge. THERE ARE NO EXCEPTIONS TO THIS RULE!!

Direct all remarks to the judge, jury, or witness, not the opposing counsel.Slide6

Opening

Statements - Plaintiff

Position – Stand before the jury.

Purpose – for the plaintiff/prosecution to inform the jury of the nature and facts of the case

Argument, discussion of law or objections by defense attorney are discouraged.Slide7

Opening

Statements

- Plaintiff

Address the judge, jury, and opponent

Introduce yourself and your client

Seek to acquaint the jury and judge with the case

Outline the case from your point-of-view

Tell the jury what the evidence will prove by mentioning expected key testimony

Explain the importance of any documentsSlide8

Opening

Statements

- Plaintiff

Conclude by asking for the relief (award or decision) you seek

In a criminal case, opening statements often consist of the prosecutor reading the indictment, followed by a description of the case and a summary of the facts

End by stating that the prosecution intends to prove the defendant is guiltySlide9

Opening

Statements

- Plaintiff

AVOID too much detail, exaggeration and overstatement, argument, walking, and pacing

Do NOT make statements that you may not be able to prove

Think of it like the Table of Contents of a bookSlide10

Open Statements - Plaintiff

You may have notes in front of you, but do NOT read directly word for word

The attorney must keep the jurors’ attentions and win their support

Speak loudly and clearly

Be logical and persuasiveSlide11

Open Statements - Defense

Purpose is to deny that the plaintiff/prosecution has a valid case & outline facts from the standpoint of the defendant

Make sure to include your name, your client’s name, general theory of the defense, a rundown of the defense witnesses, and your conclusionSlide12

Opening Statements - Defense

Be a helpful guide to the jury

End by stating that you will prove that the defendant is NOT guilty of the crime being charged

AVOID repetition of facts that are not in dispute, exaggeration or argument, walking or pacingSlide13

Direct Examination

Position: Seated at a counsel table, except when introducing evidence

Present evidence, both physical & testimonial, that proves your case to the jury]

Draw out facts with clear & precise questions

Try to show your witnesses at their bestSlide14

Direct Examination

Make sure questions bring out evidence

Go over questions with your witnesses BEFORE they take the stand

Consider having the witnesses dress their parts & assume mannerisms that lend credibility to their roles

Well-prepared & believable witnesses increase your chance of successSlide15

Direct Examination

AVOID complex, wordy or involved questions

Keep it simple!

If possible, try to follow a chronological order

Do NOT attempt to draw conclusions – that’s the jury’s job

When the facts are in, STOP the questionsSlide16

Direct Examination

Ask “open-ended” questions. Those usually begin with

who, what, when, where, or how

, or ask the witness to

explain

or

describe

Write the answers down! They could lead to the next questionSlide17

Leading Questions

Witnesses may NOT be asked leading questions during direct examination.

A leading question is one that can be answered “yes” or “no,” and suggests something that can’t necessarily be provenSlide18

Character of a Witness

Evidence about the character of a witness may not be introduced unless the person’s character is an issue in the case

For example, whether someone has been a responsible parent is an issue in a child custody case, but not a criminal trial for larcenySlide19

Cross-Examination

Position: Seated at counsel table, except when introducing evidence

During C-E, the opposing side attempts to discredit the witness by discovering and demonstrating flaws in their testimony

Avoid hostility – juries & judges don’t like it!

Be careful about asking too many questions Slide20

Cross-Examination

Goal – destroy the credibility of the witness

Method to make it happen – have the witness contradict something they have already said

Bring it up again in your closing argumentSlide21

Cross-Examination

You may ask leading questions in C-E.

Never ask why. It gives a well prepared witness a chance to explain.

Prepare your own witnesses for cross-examination by having a member of your team play the part of the opposing attorneySlide22

Closing Arguments

Position: Stand before the jury

Summarize your case by reminding the jury that you have proven what you said you would

Pull everything together for the jury in a dynamic, dramatic fashion

Point out the bias of the other witnesses, but avoid using ridiculeSlide23

Closing Argument

Tie the facts to the law

Be persuasive

Confidently request the judge or jury to grant you the decision you want