1. ZACHARY SCHULTZ CARR COMPETITION 2012 Direct Examination: Telling the Story

2. The Ingredients  An Engaging Witness  A Vanishing Attorney  A Clear Narrative  A Trustworthy Person  A Piece in the Puzzle

3. RULES  Don’t lead your witness.  Don’t become the center of attention.  Don’t let your witness ruin your case.  Make it look like a conversation.

4. An Engaging Witness Make your direct as dynamic as possible. If you are working with an expert make sure to use analogies to make the process make sense to the jury. Talk to your witness about eye contact, tone, and body positioning.

5. A Vanishing Attorney The best direct is one where the jury forgets you are there. Guide with your questions but let the witness do the talking. The only time your presence should be known is during cross and objections. Protect your witness.

6. A Clear Narrative Your witnesses story should be linear if possible. Make sure your witness speaks up and the jury can hear them. Stop the direct if necessary. Don’t let objections interrupt your flow or the witnesses. “Do you need me to repeat the question?”

7. A Trustworthy Person A witness needs to be credible to be valuable. Prepare for impeachment as appropriate. Don’t try and over reach on direct. The worst case scenario would result in you leading your witness into an impeachment.

8. A Piece of the Puzzle A good direct conveys what it needs to. A great direct has a clear place in the trial narrative. Don’t get lost in the weeds when dealing with details. Try and put them in the context of the whole trial. Sometimes this is impossible, but make a note that your closing has to fix the open questions.

9. Example Listen to the content and form of questioning. Watch positioning and gestures. Try and figure out where this witness fits in the story.

10. Experts vs. Lay Structure Pace Preparation Attorney Participation

11. Evidence MIAMI Mark Identify Authenticate Move Interrogate

12. Refreshing Recollection (1) Witness forgets. (1) NOT DOESN’T KNOW. (2) NOT WON’T ANSWER THE WAY YOU WANT (2) Will anything refresh your recollection. Tuna Sandwich? (3) Present. (4) Is your recollection refreshed? (5) Withdraw. (6) Relying on your refreshed recollection…