Episode 16 - Re-examination/ Redirect, Practised Patterns for Leave, Closing Argument

Episode 16 - Re-examination/ Redirect, Practised Patterns for Leave, Closing Argument

Your witness needs to let you know during the cross-examination that you can safely raise a matter with them during your re-examination. Even so, whether or not you re-examine requires you to assess the state of your case.

Some aspects of questioning, such as having a witness declared hostile/adverse/unfavourable, or raising bad character, or attacking credibility require the prior leave of the judicial officer. Be prepared by having your script in your trial note book.

Closing argument admires the decision maker who has already decided in your favour and hopes to persuade the undecided decision maker to prefer your case to your opponent's. If you made promises at the beginning of the hearing then show how they were kept. If they weren't kept then have a decent explanation. Keep within the attention span of your audience, and deliver in such a manner that they can absorb and consider your points. With a judge alone be sure to inquire on the record as to whether you have addressed everything they expected.


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Episode 20 - How we Open and how we Close - the critical role of atmospherics

Episode 20 - How we Open and how we Close - the critical role of atmospherics

We look at the importance of the prevailing atmospherics at both the case preparation and performance stages.Examples are given of 'atmospherics'.The use that you can make of such atmospherics as an a...

9 Heinä 202224min

Episode 19 - Bad Things Happen - How you need to be prepared for bad acts by police, lawyers, judges.

Episode 19 - Bad Things Happen - How you need to be prepared for bad acts by police, lawyers, judges.

Although we have expectations of competence and integrity from the other 'actors' in litigation there are those who are 'bad actors'. They are drawn from police, other lawyers, media and the judicial/...

28 Touko 202217min

Episode 18 -  The Rule in Browne v Dunn ( The rule of Fairness which isn't fair)

Episode 18 - The Rule in Browne v Dunn ( The rule of Fairness which isn't fair)

This so-called rule of fairness afflicts the defence in both criminal and civil cases. We examine what the rule may require, how to pose questions that comply, how its application and consequences var...

20 Heinä 202113min

Episode 17 - Experts and their evidence

Episode 17 - Experts and their evidence

What the Expert Witness Guidelines require. Settling the issues to be addressed by the expert. Contents and layout of an expert report. Objectives of your conference with the expert. Evidence by AVL. ...

14 Heinä 202112min

Episode 15- The Addiction of Cross- Examination  Part 2

Episode 15- The Addiction of Cross- Examination Part 2

To look or not to look at the target witness - it's a matter of personal style.The 'real time' risk assessment that governs how you conduct your cross-examination:  it can be OK to ask questions to wh...

13 Heinä 202114min

Episode 14 - The Addiction of Cross- Examination Part 1

Episode 14 - The Addiction of Cross- Examination Part 1

Is cross of the witness necessary?  If so, have you mapped your topics and your order?  How are you anticipating some of your closing argument in your cross-examination questions? Are you able to foll...

13 Heinä 202113min

Episode 13 - Openings and Objections

Episode 13 - Openings and Objections

If you make an opening statement then you are making a promise or promises.  Can you deliver on those promises?  If you don't then your opponent will point out your shortfall.  So cut the cloth of an ...

12 Heinä 202111min

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