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2008

Evidence

Civil Law

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Trial Tips: Structure In Direct Examination Wins Cases, J. Palmer Lockard Ii Dec 2007

Trial Tips: Structure In Direct Examination Wins Cases, J. Palmer Lockard Ii

J. Palmer Lockard II

Two issues are likely to create problems for the attorney in organizing the internal structure of the direct examination. First, new attorneys often follow a script when conducting direct examination. A second issue arises from the attorney's familiarity with the witnesses' testimony. Both of these problems can be alleviated by a simple strategy: The attorney must listen to the witness and use the witness' answer in formulating the questions.