CHAP 7 DIRECT AND CROSS REVISITED Prof JANICKE

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CHAP. 7 : DIRECT AND CROSS REVISITED Prof. JANICKE 2020

CHAP. 7 : DIRECT AND CROSS REVISITED Prof. JANICKE 2020

SCOPE OF CROSS-EXAM assigned: RULE 611 2020 2

SCOPE OF CROSS-EXAM assigned: RULE 611 2020 2

SCOPE OF CROSS • GENERALLY LIMITED TO SCOPE OF DIRECT + ISSUES OF WIT.

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;

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

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

• TRADITION: ALSO ALLOWED ON “PRELIMINARY MATTERS” • WHAT IS PRELIMINARY? 2020 6

LEADING TO REFRESH MEMORY IS ALLOWED ON DIRECT • PROMPTING BY LEADING (A LITTLE)

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

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

WITNESS PREP. MATERIAL ASSIGNED: RULE 612 2020 9

WORK-PRODUCT IMMUNITY WILL NOT PROVIDE SECRECY • IF LAWYER-PREPARED MATERIALS ARE SEEN BY WITNESS:

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

PROBLEMS/CASES • Baker 2020 11

CROSS-EXAM IS AN IMPORTANT RIGHT • IF WITNESS FLEES AFTER DIRECT EXAM, OR REFUSES

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

“THE RULE” ASSIGNED: RULE 615 2020 13

SOME WITNESSES ARE EXEMPT FROM “THE RULE, ” i. e. , CAN STAY IN

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

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

PROBLEM • 7 A – DAILY TRANSCRIPTS • FILM CLIP, A PLACE IN THE SUN 2020 16