ARKANSAS LEGAL AID October 17, 2013 By Michael Johnson and Paula Casey

 PRIMACY/RECENCY  CASE THEORY  KNOW YOUR CLOSING ARGUMENT ELLICIT FACTS NEEDED

 LEAD  MAKE A STATEMENT SEEK CONFIRMATION OR DENIAL  ONE FACT, ONE QUESTION  NO CHARACTERIZATION  DON’T ARGUE  ELIMINATE CONCLUSIONS

 LISTEN AND USE WITNESS’ WORDS  HEADLINE

 CROSS DOES NOT MEAN “ANGRY”

TONE MUST BE APPROPRIATE TO CIRCUMSTANCE WHAT “PERMISSION” HAS THE AUDIENCE GIVEN?  FIRM, NOT CRUEL

 ELLICIT FAVORABLE INFORMATION  SHOW LIMIT OF WITNESS’ KNOWLEDGE  USE THE THEME OF YOUR CASE

 DISCREDIT INFORMATION USED BY OPPONENT WITNESS BY IMPEACHMENT

 DO’S  Start and end strong  Appropriate tone  One fact questions to conclusion  Headnote topics  Anchor to a document  DON’TS  Let witness explain  Restate direct  Argue  Explore  “Rabbit on”  Use value questions

 DON’T RUN FROM A GOOD FIGHT  LOOK THE WITNESS IN THE EYE — IT IS CONFRONTATION! PUNISH THE WITNESS WITH OWN WORDS

 Repeat the question  “My question was…”  “Is that a yes?”  “I must have said that wrong”  “Finished?”  Use witness’s words to punish him/her  Use the hand  Use full name  Turn away  Ignore answer  Object: non- responsive; move to strike  Write the question on the board

 BE RUDE  INTERRUPT  ARGUE