Winning Jury Trials: Trial Tactics and Sponsorship Strategies

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The Third Edition of Winning Jury Trials combines the same strong premise of its previous editions (evidence sponsorship) and the same strong theme (there is, in fact, a right way to teach trial skills) with many new features, including more detailed guidance on the critical questions of whether and when to impeach one's own witness with harmful material.

This text, by Robert Klonoff and Paul Colby, takes a solid approach to evidence and focuses on issues such as:

•  Choosing witnesses
•  Introducing negative evidence
•  How to handle marginal evidence
•  Weaving the fundamental elements of your case into your evidence, for example, opening statements and cross-examination

Winning Jury Trials explains the soundness of its tactics in simple and easy-to-remember principles, enabling the advocate familiar with those principles to make the right decisions on common dilemmas arising at trial without having to refer to any manual. No law student or litigator should be without this important work.

Reviews

"This is a book that should be introduced to the trial bar during meetings of trial lawyers. It should be read by every trial lawyer in the country."

       — Robert Hanley, Morrison & Forester

Authors / Contributors

Table of Contents

Contents

About the Authors

Foreword

Acknowledgments


CHAPTER 1 Sponsorship Strategy
The Sponsorship Dilemma: Which Side Introduces the Evidence
Purposes of This Book
The Existing Trial Practice Literature-Inadequate and Misleading
Structure of the Book

CHAPTER 2 Sponsorship Principles
Overview
The Jury and the Advocate
The Costs of Sponsorship

CHAPTER 3 Issue Identification and Evidence Evaluation
Overview
Identifying Issues Capable of Being Disputed
Predicting the Issues That Will Be Disputed
Evaluating Evidence on the Disputed Issues
Evaluation of Evidence Bearing on More Than One Disputed Issue
Categorizing Favorable Evidence as Strong

CHAPTER 4 Selection of Evidence on Disputed Issues
Overview
Favorable Evidence
Neutral Evidence
Harmful Evidence

CHAPTER 5 Selection of Evidence: Undisputed Issues and Party-Associated Evidence
Overview
Undisputed Issues
Party-Associated Evidence

CHAPTER 6 Selection of Evidence: Defense and Rebuttal
Overview
The Decision to Defend
The Decision Whether to Rebut
The Five Steps of Sponsorship Analysis for Evidence Selection

CHAPTER 7 Jury Selection and Opening Statement
Overview
Voir Dire
Opening Statement

CHAPTER 8 Direct Examination
The Need to Anticipate Cross-Examination
Content of the Direct Examination
Manner of Conducting Direct Examination
Preparation of the Advocate's Witnesses
Multiple Witnesses
Redirect Examination
Examination by the Court CHAPTER 9 Non-Testimonial Evidence
Overview
Tangible Evidence
Stipulations

CHAPTER 10 The Opponent's Presentation
Introduction
Monitoring the Opponent's Presentation
Objections

CHAPTER 11 Cross-Examination of the Opponent's Witnesses
Purpose and Appropriateness
The Lower Sponsorship Costs of Cross-Examination
Cross-Examining for Purposes of Advancing One's Case
Undercutting the Testimony of an Opponent's Witness
Cross-Examination Techniques

CHAPTER 12 Closing Argument
Overview
Threshold Considerations
Framework for Argument
Rebuttal Arguments

Epilogue

Bibliography

Index