Erneylou V Ranay

Practice Court 2

Outline of Honorable Judge Cheryll Ann C Chamen-Paronda’s Lecture on Mastering Trial Techniques

(January 27, 2023)

 Trial vs Hearing
Trial – It is the presentation of credible evidence sufficient to persuade the court to believe in
the justness of a party’s cause as against of the other party.

 What will make your evidence credible?

 It conforms to common experience.
 The inference drawn from your evidence is logical.
 The critical evidence is compatible with undeniable evidence on record.
 The essential evidence is consistent with the surrounding circumstances.
 A credible witness gives the evidence.
 The witness relates to his story spontaneously.
 The witness has been consistent in his statements.

 Stages of Work Relating to Trial

 Preparation
 Contents
1. Brief summaries of the opposing claims of the parties
2. Outline of the applicable law
3. Statement of the factual issue or issues subject of the trial
4. Theory of the case
5. Detailed narration by each of your witness, with supporting documentary
evidence, if available
6. Exhibit file
7. Detailed outline of the facts that your opponent’s evidence will prove
8. Cross-examination guide
9. Report of progress of trial and notes on revision of strategies
 Presentation
 Direct Examination
- To build up through your witness the facts on which your client’s version of
the case will stand
o How do you prepare your witness for direct examination?
 1. Advise your witness to listen closely to your questions.
2. Advise your witness to avoid volunteering information that you
or the adverse counsel does not require of him.
3. Prepare your witnesses individually rather than as a group since
you will present them individually.
4. Review with your witness as to previous testimonies and
documentary evidence.
5. Find out from your witness what his answer will be if the
opposing lawyer were suddenly to ask him whether or not he
conferred with you before he testified in court.
6. Use open-ended questions to elicit descriptive responses.
7. Use simple, everyday conversational language, not the written
language of the books.
8. Ask questions clearly and to the point.
9. Confer with your witness at least one week before the trial.
10. Allow your witness to see the chart or other demonstrative and
if you are going to ask your witness to work with the same.

o How do you plan your direct examination?

1. Define the scope of the testimony of each of your witness.
2. Arrange the facts in chronological order.
3. Help your witness recall.
4. Bring out the weakness in the testimony of your witness
yourself.
5. Keep your direct questions short and simple.
6. Prepare for an expert witness.
7. Build up your case from scratch.

o How do you conduct your direct examination?

1. Put yourself in the judge’s place to enable yourself to see the
case from his point of view.
2. Avoid asking your witness leading questions since you are not
the one telling the story, but your witness.
3. Do not repeat the witness’ last answer before asking him your
next question.
4. Avoid “habit” utterances like “ah, hah”, “okay”, “alright”.
5. Stress the key points of the testimony by varying your tones.

 Demolition
 Two major tasks:
1. Build up your client’s case to a winning position.
 2. Demolish that of the other side.
 Consider the following:
1. Probabilities
2. Cross to Common Sense
3. Collateral Attack
4. Main Objections of Cross- Examination
5. Chance of Success

 Practical Lessons in the Conduct of Cross-Examination

1. Ask the witness mainly leading questions during cross-examination.
2. On occasions, use non-leading questions.
3. Do not make your leading questions tiresome.
4. Phrase your leading questions in the affirmative.
5. Broaden the point you want to make.
6. Go for one bit of fact at a time.
7. Establish your strongest points at the start of your cross-examination.
8. Know the possible answers to your questions before you ask them.
9. Do not let the witness get away with non-responsive answers to your
questions.
10. Arrange your questions in the right sequence.

 Important Principles/Techniques
1. Consider refraining from cross-examination.
2. Do not let an unimpeachable witness retell his story.
3. Do not be trapped into eliciting facts proper for direct.
4. Avoid asking the witness to repeat testimony that favors you.
5. Do not cross-examine with an improper motive.
6. Cross-examine with preset goals.

o How do you prepare for cross-examination?

1. Write a detailed cross-examination guide.
2. List the inevitable admissions of the witness that can boost your
theory of the case.

o How do you conduct an effective cross-examination?

1. Watch the witness.
2. Listen to answers.
3. Make a strong opening.
4. Identify the subject matter.
5. Control your temper.
6. Avoid animosity.
 7. Be courteous to the witness.
8. Show respect to the Court.
9. Be brief in cross-examination.
10. Maintain control of the witness by asking leading questions.
11. Do not risk open-ended questions.
12. Do not make him repeat his story.
13. Avoid appearance of unfairness.
14. End with a bang.

o How do you handle cross-examination of an expert witness?

1. Collateral attack
2. Use of learned treatise as cross-examination tools
3. Qualifications
4. Opinions
5. Financial bias
6. Frequency and length of medical exam

 Trial Objections
1. Immaterial of collateral matter
2. Beyond the scope of the direct examination
3. Question is vague
4. Question was already answered
5. Counsel asks multiple questions
6. Questions has no basis
7. Witness is not competent to testify
8. Question calls for privileged matter
9. Witness is not competent to answer the question
10. Question is leading
11. Question calls for an opinion or a conclusion
12. Matter sought is not the best evidence (now original document)
13. Question calls for an answer that violates the parol evidence rule
14. Question calls for hearsay evidence
15. Question is argumentative
16. Question is beyond the scope of cross-examination
17. Question is speculative or hypothetical
18. Motion to strike out non-responsive answer
19. Question calls for a narrative answer or the witness is giving a narrative
answer

 Objections to be made at the time such evidence is offered

 Object only where the questions will do some harm
 Remedy if judge sustains an objection on vital evidence
- Ask for reconsideration