CHAP 7 DIRECT AND CROSS REVISITED Prof JANICKE
- Slides: 16
CHAP. 7 : DIRECT AND CROSS REVISITED Prof. JANICKE 2020
SCOPE OF CROSS-EXAM assigned: RULE 611 2020 2
SCOPE OF CROSS • GENERALLY LIMITED TO SCOPE OF DIRECT + ISSUES OF WIT. CREDIBILITY • COURT CAN ALLOW WIDER SCOPE – OFTEN DOES, TO SAVE TIME OF RECALLING THE WITNESS • TEXAS: NO LIMIT ON SCOPE OF CROSS – ANY RELEVANT SUBJECT 2020 3
REALITY • COURTS USUALLY ALLOW EXPANDED CROSS • OTHERWISE, WITNESS NEEDS TO BE RECALLED; LENGTHENS THE TRIAL; BURDENS THE WITNESS 2020 4
LEADING ON DIRECT R. 611(c) • ALLOWED SOMETIMES – – TIMID WITNESS – MOMENTARY MEMORY LAPSE – ADVERSE WITNESS (ASSOCIATED WITH OTHER SIDE) 2020 5
• TRADITION: ALSO ALLOWED ON “PRELIMINARY MATTERS” • WHAT IS PRELIMINARY? 2020 6
LEADING TO REFRESH MEMORY IS ALLOWED ON DIRECT • PROMPTING BY LEADING (A LITTLE) IS OK • JUDGE’S DISCRETION 2020 7
LEADING ON CROSS • BROADLY ALLOWED • EXCEPTION: YOUR CLIENT ON THE STAND, CALLED BY ADVERSARY: – HERE THE RULES ARE REVERSED; ADVERSARY LEADING ON DIRECT IS OK, BUT YOU CAN’T LEAD ON CROSS 2020 8
WITNESS PREP. MATERIAL ASSIGNED: RULE 612 2020 9
WORK-PRODUCT IMMUNITY WILL NOT PROVIDE SECRECY • IF LAWYER-PREPARED MATERIALS ARE SEEN BY WITNESS: – WILL HAVE TO BE HANDED OVER AS STATED ABOVE 2020 10
PROBLEMS/CASES • Baker 2020 11
CROSS-EXAM IS AN IMPORTANT RIGHT • IF WITNESS FLEES AFTER DIRECT EXAM, OR REFUSES TO COMPLETE CROSS, THE DIRECT WILL BE STRICKEN ON MOTION 2020 12
“THE RULE” ASSIGNED: RULE 615 2020 13
SOME WITNESSES ARE EXEMPT FROM “THE RULE, ” i. e. , CAN STAY IN COURTROOM • INDIVIDUAL PARTIES e. g. JONES v. SMITH • ONE DESIGNATED WITNESS CAN STAY FOR EACH CORPORATE PARTY • OTHER PERSONS SHOWN TO BE “NECESSARY” TO PRESENTATION OF THE CASE – USUALLY EXPERTS 2020 14
THE JUDGE MAY FURTHER TIGHTEN “THE RULE” • MAY ADD PRETRIAL ORDER NOT TO DISCUSS EXPECTED TRIAL TESTIMONY WITH OTHER WITNESSES – ALSO MAY BIND LAWYERS NOT TO INFORM RE. WHAT OTHER WITNESSES SAY 2020 15
PROBLEM • 7 A – DAILY TRANSCRIPTS • FILM CLIP, A PLACE IN THE SUN 2020 16
- Chap chap slide
- Straight line motion revisited homework
- Random sampling over joins revisited
- Paul janicke
- Red chilli riddles
- Test cross and back cross
- Test cross and back cross with example
- Horse color breeding chart
- 1 of 1 clothing meaning
- Passion chap 6
- Bank run chap 11
- Durbin chap
- Kstn chap 18
- Characteristics of extended family
- The origin of species chapter 18 manga
- Satifying needs
- The origin of species chapter 22 manga